Small claims court · How to
How to file a small claims case in New York, step by step
Updated By The editorial teamNot reviewed by an attorney — based on the official sources below
In short
You 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 business, how much you are asking for and why, and paying a filing fee of $15 or $20 ($10 or $15 in town and village courts). You don't need a lawyer and you don't serve papers yourself: the clerk mails a notice of your claim to the other side by first-class and certified mail and gives you a hearing date. You can ask for money only, up to $10,000 in New York City, $5,000 in city and district courts and $3,000 in town and village courts.
Read on for the details, the exceptions and the sources.
In plain words
- Claimant
- The person who starts the small claims case (also called the plaintiff).
- Defendant
- The person or business you are suing.
- Notice of claim
- The court's letter telling the defendant that you are suing, for how much, and when the hearing is.
- Small claims part
- The section of a local court that hears small claims, with simpler rules than a regular lawsuit.
Where to go
Small claims are heard by the small claims part of your local court. Which court depends on where the defendant is, not where you live. In New York City, you file in the Civil Court's small claims part if the defendant lives, works or has a business office in the city (New York City Civil Court Act § 1801). Outside the city, you file in a city court if the defendant lives, works or has an office in that county (Uniform City Court Act § 1801); in the district courts of Nassau and Suffolk if the defendant is within a district of the court in the county (Uniform District Court Act § 1801); or in a town or village court if the defendant lives, works or has an office in that town or village (Uniform Justice Court Act § 1801).
Tenants have one extra option: if your claim is against your landlord and relates to your lease, you can file where the rented property is located, even if the landlord lives elsewhere (§ 1801 of each act). If you're not sure which court to use, ask the small claims clerk or check the court system's small claims pages before you go.
Who can file
Individuals can file. A person under 18 is an 'infant' under New York law (CPLR § 105(j)) and appears in court through a parent or guardian (CPLR § 1201). Corporations can't start a small claims case, and in New York City, city courts and town and village courts neither can partnerships or associations; people who bought someone else's claim (assignees) and insurers suing over a claim they paid are also barred (§ 1809). A business that wants to sue in this simple way uses the commercial claims part instead, which exists in New York City, city courts and district courts.
What documents you need
- Your name and home address.
- The defendant's exact name and an address where they live, work or do business — the clerk mails the notice there (22 NYCRR § 208.41(a)).
- The amount you're asking for and a short explanation: what happened, when, and how you arrived at the number.
- Copies of anything that backs up your claim — contract or lease, receipts, invoices, estimates, photos, texts and e-mails. You don't hand these in when filing, but the clerk will tell you to bring them to the hearing (§ 208.41(c)).
- The filing fee. Ask the clerk which payment methods the court accepts.
Fees and costs
In New York City Civil Court, city courts and district courts, the filing fee is $15 for a claim of $1,000 or less and $20 for a claim over $1,000. In town and village courts it is $10 and $15 (§ 1803(a) of each act). In New York City, an employee suing an employer for unpaid pay of no more than $300 who files the affidavit described in Civil Court Act § 1912(a) pays no filing fee, only the mailing costs (§ 1803(a)).
Other costs can come later: a fee if you need an information subpoena or an enforcement officer to collect, and the cost of a transcript if someone appeals. If you can't afford court fees, you can ask the court to waive them (CPLR § 1101).
Deadlines
Small claims has no special filing deadline of its own, but the general time limits to sue still apply. For example, a claim based on a contract must usually be started within six years (CPLR § 213(2)), and a claim for damage to property within three years (CPLR § 214(4)). Other kinds of claims can have shorter limits, so file as soon as you reasonably can.
After you file, the clerk mails the notice to the defendant within five days (22 NYCRR § 208.41(d)). If the notice can't be delivered within four months of filing, the case is dismissed without prejudice — meaning you can file again (§ 208.41(g); § 210.41(f) and § 212.41(f) for city and district courts; § 214.10(g) for town and village courts).
Step by step
Try to settle first
Ask the other side, in writing, to pay by a specific date. A clear demand letter sometimes ends the dispute, and it shows the court you tried.
Find the right court
Use the defendant's home, workplace or business address to pick the court (§ 1801). Landlord–tenant claims can also go where the rental is.
Get the defendant's correct name and address
For a business, look for the name it actually uses on receipts, signs or contracts. You can sue in that name (§ 1814).
File with the clerk
Give the clerk the details and pay the fee. The clerk writes your claim on the court's form, which you sign, and gives you the hearing date and place (22 NYCRR § 208.41(b)–(c)).
The clerk notifies the defendant
The notice goes out by ordinary first-class mail and by certified mail, return receipt requested (§ 1803(a)). Check with the clerk before the hearing that it was delivered.
Prepare for the hearing
Organize your papers, make copies for the judge and the other side, and line up any witnesses. The clerk can issue subpoenas for witnesses who won't come voluntarily.
What happens next
If the first-class letter isn't returned as undeliverable within 21 days, the defendant is presumed to have received the notice (§ 1803(a)). The defendant can file a counterclaim against you within five days of receiving the notice, or bring it to the hearing, and can ask for a jury trial before the hearing date (§ 1803(c), § 1806).
On the hearing day, you present your case to a judge or, if both sides agree, to a volunteer lawyer acting as arbitrator. The decision may be announced at the hearing or mailed to you afterward. If you win and the defendant doesn't pay, you have collection tools — but the court doesn't collect for you.
Calculator
How we calculated
| Where | New York City (any of the five boroughs) |
|---|---|
| Court | Small Claims Part of the NYC Civil Court |
| Small claims limit | $10,000 |
| Your claim | $3,000.00 |
| Where to file | The borough where the person or business you're suing lives, works or has a place of business. |
- Small claims is meant for people without a lawyer: simple forms, a low filing fee and an informal hearing (New York City also holds evening sessions).
- Small claims is for individuals (a minor sues through a parent or guardian); corporations generally use the commercial claims part where it exists.
- Check the current filing fee with the clerk; it depends on the court and the amount.
Figures that change
- Small claims limit — NYC Civil Court: $10,000 (as of 2026-10-30; New York City Civil Court Act)
- Small claims limit — city courts outside NYC: $5,000 (as of 2026-10-30; N.Y. Uniform City Court Act)
- Small claims limit — district courts (Nassau, Suffolk): $5,000 (as of 2026-10-30; N.Y. Uniform District Court Act)
- Small claims limit — town and village courts: $3,000 (as of 2026-10-30; N.Y. Uniform Justice Court Act)
- Filing fee — NYC, city and district courts, claim of $1,000 or less: $15 (as of 2026-10-30; New York City Civil Court Act)
- Filing fee — NYC, city and district courts, claim over $1,000: $20 (as of 2026-10-30; New York City Civil Court Act)
- Filing fee — town and village courts, claim of $1,000 or less: $10 (as of 2026-10-30; N.Y. Uniform Justice Court Act)
- Filing fee — town and village courts, claim over $1,000: $15 (as of 2026-10-30; N.Y. Uniform Justice Court Act)
Frequently asked questions
Do I need a lawyer to file in small claims court?
No. Small claims is designed as a simple, informal and inexpensive procedure for people without lawyers (Civil Court Act § 1802). You can bring a lawyer if you want, but most people don't.
Can I sue for something other than money, like getting my property back?
No. Small claims covers claims 'for money only' (§ 1801). If you want the court to order someone to return an item or do something, you need a different kind of case.
Can I file online?
Some courts offer online or electronic filing options and some don't. Check the court's small claims page or call the clerk before you go.
What if I don't know the defendant's home address?
The notice can go to the defendant's place of business or regular employment instead (§ 1803(a)). For a landlord, if neither address works, it can go to the place where you pay rent.
Want your own situation checked?
This page is general. Describe what happened, attach the letter or document you received, and get a free first answer — then, if you want, a full check against New York and federal law and a letter ready to send.
Check my situation — freeOfficial sources
This page was written from the sources below. “Checked” is the date the source was last opened and read.
- New York City Civil Court Act (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · Art. 18, §§ 1801–1803, 1806, 1809, 1814; § 1912(a) · Checked: October 30, 2026Limit, who can sue, filing fee, mailed notice, counterclaims, jury demand
- N.Y. Uniform City Court Act (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · Art. 18, §§ 1801, 1803, 1809 · Checked: October 30, 2026City courts outside New York City
- N.Y. Uniform District Court Act (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · Art. 18, §§ 1801, 1803 · Checked: October 30, 2026District courts of Nassau and Suffolk
- N.Y. Uniform Justice Court Act (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · Art. 18, §§ 1801, 1803, 1809 · Checked: October 30, 2026Town and village courts
- N.Y. Civil Practice Law and Rules (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · §§ 105(j), 213, 214, 1101, 1201 · Checked: October 30, 2026Minors, time limits to sue, fee waivers
- 22 NYCRR § 208.41 — Small claims procedure (Civil Court of the City of New York) (opens in a new tab)Cornell LII copy of the Official Compilation of Codes, Rules and Regulations of the State of New York (22 NYCRR) · § 208.41(a)–(g) · Checked: October 30, 2026How the clerk records the claim and mails the notice; four-month service limit
- 22 NYCRR § 210.41 — Small claims procedure (City Courts outside New York City) (opens in a new tab)Cornell LII copy of the Official Compilation of Codes, Rules and Regulations of the State of New York (22 NYCRR) · § 210.41(f) · Checked: October 30, 2026Four-month service limit in city courts
- 22 NYCRR § 212.41 — Small claims procedure (District Courts of Nassau and Suffolk) (opens in a new tab)Cornell LII copy of the Official Compilation of Codes, Rules and Regulations of the State of New York (22 NYCRR) · § 212.41(f) · Checked: October 30, 2026Four-month service limit in district courts
- 22 NYCRR § 214.10 — Small claims procedure (Town, Village and City Justice Courts) (opens in a new tab)Cornell LII copy of the Official Compilation of Codes, Rules and Regulations of the State of New York (22 NYCRR) · § 214.10(g) · Checked: October 30, 2026Four-month service limit in town and village courts
- New York City Small Claims Court (opens in a new tab)New York State Unified Court System — Civil Court of the City of New York · Checked: October 30, 2026Where and how to file in the five boroughs
Related questions
- Can I sue for more than $10,000 in New York City small claims if I add interest? · What is the small claims limit in New York? $10,000, $5,000 or $3,000 depending on the court
- Is the limit in Nassau or Suffolk higher than in a town court? · What is the small claims limit in New York? $10,000, $5,000 or $3,000 depending on the court
- Do I get the filing fee back if I win? · How much does it cost to file in small claims court in New York?
- Does the defendant pay anything to defend a small claim? · How much does it cost to file in small claims court in New York?
- Do I have to hand the papers to the defendant myself? · How is the other side notified of a small claims case in New York?
- The defendant refused to sign for the certified letter. Is that a problem? · How is the other side notified of a small claims case in New York?
Related guides
- QuestionWhat is the small claims limit in New York? $10,000, $5,000 or $3,000 depending on the court
- QuestionHow much does it cost to file in small claims court in New York?
- QuestionHow is the other side notified of a small claims case in New York?
- How toYour small claims hearing in New York: what to bring and what to expect
- How toHow to write a demand letter in New York: what to include, tone, deadline and delivery
- QuestionStatute of limitations in New York: how long do you have to sue?
This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.