Welcome To The Milford Town Court
What We Do
The Milford Town Court plays a vital role in the Unified Court System of New York State.
The Milford Town Court is your local municipal court with jurisdiction and presiding over vehicle and traffic matters, civil and criminal matters, environmental conservation cases, town law and code enforcement, dog ordinances, landlord/tenant issues, and small claim cases occurring within the geographic boundaries of the Town of Milford.
NOTE: Please leave a message if you would like a returned call, messages are checked at different times throughout the week.
Justice Court Hours
1st Tuesday @ 6:00PM – Civil Court
2nd Tuesday @ 4:30PM – Criminal Court & Misdemeanor Traffic Tickets
3rd Tuesday @ 6:00PM – Vehicle and Traffic
NOTE: Please be aware all Court Proceedings are audio recorded.
NOTE: NO use of electronic devices is allowed in the courtroom
NOTE: NO weaponized paraphernalia allowed in the courtroom
NOTE: If you have changed your address since last appearing in Court, you will need to notify the Court of your new address. (and DMV as well)
Court Clerk Window Hours
Mondays 8:30AM – 2:00PM
Tuesdays 8:30AM – 12:00PM & 5:30PM-8:30PM
Wednesdays 8:30AM – 2:00PM
Vehicle & Traffic: Tickets
It is the obligation of the receiving motorist to respond to the ticket. If the charge(s) are NOT MISDEMEANORS you may either appear on the date listed on the bottom of the ticket or you may sign the right side of the ticket to indicate your plea of either guilty or not guilty. You then mail it to the court at the address;
Town of Milford: 2857 State Highway 28 Portlandville, NY 13834
NOTE: If you have been charged with a MISDEMEANOR traffic ticket, you must appear in person on 2ndTuesday of the month.
Vehicle & Traffic: Suspension Notice
If you receive a notice from the Department of Motor Vehicles or find that you have been suspended through the court, you should contact the Court by phone or email immediately to determine the reason for the
suspension. If you were suspended for failure to answer the ticket, you must submit your plea to the court. This may be done either through the mail or at the bench during court sessions.
If your license is suspended and the suspension has gone into effect, you will be required to pay a Suspension Termination Fee of $70.00 per suspension. The Notice of Suspension from NYS DMV will give further information regarding this fee, or you can go to their website. http://www.dmv.ny.gov/susFeePmt/susFeeFaq.htm
Suspensions and Revocations (DMV)
https://dmv.ny.gov/tickets/suspensions-and-revocations
Payment of Court Fees:
In person/in office
Visa and MasterCard payments are accepted at The Court office (All credit card payments carry a 2.99% service fee)
Cash payments are accepted at the court office
Certified Bank Check made out to; “Milford Town Court”
Money Order made out to; “Milford Town Court”
NOTE: there is a gold mail slot, located on the front of the building that is available for dropping off payments when the courthouse is closed.
NOTE: Personal checks are NOT accepted.
Landlords and Tenants
The Milford Town Court has jurisdiction over landlord/tenant proceedings for non-payment of rent, evictions, holdovers, and to compel repairs. The monetary jurisdiction is unlimited. The property must be located in theTown of Milford.
Evictions are heard the first Tuesday at 6:00 p.m. However, depending on filing dates the Court Clerk maygive you a different day and time to appear.
The filing fee is $20.00. Please call the courthouse to set up a time to file your case. Note that Court Clerks are not attorneys and cannot provide any legal advice. As such, the Court cannot provide guidance to Landlords seeking to evict Tenants. Additionally, the Court cannot dispense advice to Tenants who have been
served with a Notice of Eviction. Please contact an attorney to address these matters of law and represent your individual interests.
There is a one-hour wait time, IF one of the parties is not present at the time the case is called. After the one-hour wait time the Judge can proceed and place your case on the record.
Additional Resources:
http://www.courts.state.ny.us/courts/townandvillage/faqs.shtml#summary
http://www.nycourts.gov/courthelp/Homes/evictions.shtml
District, City, Town & Village Courts DIY Forms | NY CourtHelp (nycourts.gov)
Small Claims
You may file a claim in the Milford Town Court for any amount up to and including $3,000. The claim is for monetary judgment ONLY. If you are seeking personal property returned, this type of case is called a replevin matter, and you should hire an attorney for this proceeding.
The person/persons against whom you are filing a claim must either live in or operate a business in the Town of Milford. You will need a correct mailing address. A small claim action cannot be filed using a Post Office Box number. Corporations and partnerships cannot initiate a small claims action in Justice Court.
You should be prepared to give a brief written statement of the facts that form the basis of your claim. You must come to the Small Claims Court to file a statement of your claim. Call to schedule a time to file your claim with the Court.
Filing fee (Payment can be made in the form of cash, check, or credit card (all credit card payments carry a 2.99% service fee):
Claim in the amount of $1 to $999 is $10
Claim in the amount of $1000 to $3000 is $15
When the claim is filed, the clerk will tell you when the case will be tried. The clerk will then send the notice of claim to the defendant by both certified mail and ordinary first-class mail. The notice of claim tells the defendant when the case will be tried and gives a brief statement of your claim and the amount of money you are seeking. If the copy of the claim sent by ordinary mail is not returned as undeliverable within 21 days, the defendant is presumed to have received notice even if the claim sent by certified mail has not been delivered.
If the notice is not delivered by the post office, the court will set a new trial date and tell you how to arrange for personal service of the notice of claim on the defendant. Personal service may be made by any person (including a friend or a relative) who is 18 years of age or older, except that you or any other party to the action may not serve the notice of claim.
If the service of the notice cannot be made upon the defendant within four months of the date when the action was first started, the action will be dismissed without prejudice to your bringing the action at a later time.
A Small Claims case will not proceed to trial until the defendant has been served with a notice of claim. There is a one-hour wait time IF either party is not present at the time the case is called. After the one-hour wait time the Judge can proceed and place your case on the record.
Download: A Guide to Small Claims Court