FAQs
The Dispute Resolution & Small Claims bais din is only available to willing parties. If you summoned the Defendants in another Bais-Din and he offered to come here, the case will be heard. Alternatively, your case can be directed to our main Bais Din should more extensive issues need to be addressed.
You do not need an appointment. See the walk-in schedule for when the Bais-Din is open. Cases will be heard on a first-come-first-serve basis, in accordance with Halachic priority. If you require an appointment, call, or email the administration to schedule.
Any amount in which the two sides agree to arbitrate without lawyers or toanim are generally eligible for this Bais Din. The following categories are not eligible, regardless of the amount of claim: Estate, Personal Injury, Matrimonial/Custody, and categories similar in nature. The Bais Havaad reserves the right to reject the case for any reason.
For Dispute Resolution & Small Claims, it is agreed by the parties that the panel will consist of even one Dayan. It is up to the Bais Havaad to determine how many Dayanim will preside over each case.
Yes. Unless both parties consent to proceed without a signed agreement. Copies of the standard agreement will be provided by the Bais din. If you want to use your own, you can, subject to the Bais Havaad’s acceptance, but it must be submitted to the administrators for approval 48 hours prior to the session. If you require assistance with the Agreement, the Bais din may provide it for a fee.
The Din Torah is limited to forty-five minutes. Each side will be given 15 minutes to present its side, and time to respond and answer questions as needed. The parties are allowed up to an hour of time without incurring a fee. More time will be provided as needed, but a subsidized fee will apply, and will likely require a rescheduling of the matter to allow for a session or sessions long enough to address the matter in its entirety. Any time constraints a respondent may have should be brought to the attention of the case administrator beforehand.
There is no fee for a din Torah, except as follows. Time beyond the first hour incurs an hourly fee of $75 per side. If a written psak is required, there is a $40 fee. To set up an appointment outside the regular walk-in hours is subject to a $35 administration fee per side.
No, Toanim are not permitted. If the Bais din finds that a party requires assistance in presenting a case, a toen will possibly be provided by the Bais din.
Witnesses are permitted, but keep in mind that it will consume a significant portion of your time, so alternative forms of evidence should be considered, where possible. Witnesses will not be called in immediately and might not be necessary. Therefore, it is recommended to discuss this in advance with the case administrator.
Yes, you can make a counterclaim, but it must be raised during the Din Torah. Please prepare accordingly. It is recommended to bring this to the attention of the case administrator in advance. Generally, the plaintiff will have the floor first to present his claim. Afterwards, the defendant will have a chance to respond, as well as present any counterclaims.
Only principal parties [the plaintiff and defendant] and non-salaried supporting family members, are permitted to attend the Din Torah in this division. Note: advance notice to the case administrator is required if anyone not named on the summons will be attending.
If the appointment cannot be met, one is required to immediately notify the office and request to reschedule. If attending, one is required to confirm the appointment with the office. Sessions will only take place if the parties confirm the appointment.
The Psak will be issued primarily by email, and at times verbally or by regular mail, as will be determined by the Bais Din. To receive an “Official” Psak in writing, a nominal fee will apply.
The Bais Din will issue explanation for a Psak when it is warranted by Halacha or legal protocol, and reserves the right to withhold explanation in cases where it is not deemed appropriate.