Guides · New York
Small claims court: guides, questions and what to do now
Small claims courts in New York let people sue for money without a lawyer — up to $10,000 in New York City, $5,000 in city and district courts and $3,000 in town and village courts.
Where and how to file, limits, fees, serving the other side, the hearing, judgments and collecting.
What to do now
Steps in order, for when it happened today.
Common situations
What the situation means, what usually decides it, and the ways to respond.
How to do it
Step-by-step processes: forms, deadlines, fees and where to go.
- How toHow to file a small claims case in New York, step by stepYou start a small claims case by going to the small claims clerk of the right court, telling the clerk who you are suing, where they live or do…
- How toYour small claims hearing in New York: what to bring and what to expectAt a small claims hearing, each side tells its story under oath and shows its evidence, and a judge — or, if both sides agree, a volunteer lawyer…
- How toYou won in small claims court in New York but weren't paid: how to collectWinning doesn't mean the court collects for you — you do. Start by asking the debtor in writing to pay. If they don't, the small claims clerk can…
- How toCommercial claims in New York: how a business sues for up to $10,000 without a lawyerCorporations, partnerships and associations can't start a small claims case, but in New York City, city courts and the district courts of Nassau and…
Questions people ask
A short, straight answer to one question, with the source.
- QuestionWhat is the small claims limit in New York? $10,000, $5,000 or $3,000 depending on the courtThe most you can ask for in New York small claims depends on the court: $10,000 in the New York City Civil Court, $5,000 in city courts outside New…
- QuestionHow much does it cost to file in small claims court in New York?The filing fee is set by statute. In the New York City Civil Court, city courts and the district courts of Nassau and Suffolk, it is $15 for a claim…
- QuestionHow is the other side notified of a small claims case in New York?In New York small claims you don't serve papers yourself. The court clerk mails a notice of claim to the defendant by both ordinary first-class mail…
- QuestionCan you file a counterclaim in New York small claims court?Yes. If you're sued in small claims and believe the claimant owes you money, you can file a counterclaim with the clerk within five days of receiving…
- QuestionCan you appeal a small claims decision in New York?Only in a narrow way. Either side can appeal a judge's small claims decision, but only on the ground that 'substantial justice has not been done…
- QuestionSuing a business in New York small claims: which name to useYou don't have to know a business's exact legal name to sue it in New York small claims. You can sue it under any name it uses in doing business — on…
The official sources on this topic
Every page here rests on statutes, regulations and government sites. These are the ones that come up most on this topic:
- New York City Civil Court Act(opens in a new tab)
- N.Y. Uniform City Court Act(opens in a new tab)
- N.Y. Uniform Justice Court Act(opens in a new tab)
- N.Y. Uniform District Court Act(opens in a new tab)
- N.Y. Civil Practice Law and Rules(opens in a new tab)
- 22 NYCRR § 208.41 — Small claims procedure (Civil Court of the City of New York)(opens in a new tab)
Next step
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