Small claims court · Question
Can you file a counterclaim in New York small claims court?
Updated By The editorial teamNot reviewed by an attorney — based on the official sources below
In short
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 the notice of claim, paying $5 plus the cost of mailing ($3 in town and village courts). The clerk mails it to the claimant. If you miss the five days, you can still raise it at the hearing, but the claimant can ask for a postponement. A counterclaim must fit within the court's small claims limit; a bigger claim belongs in another court.
Read on for the details, the exceptions and the sources.
In plain words
- Counterclaim
- A claim for money that the defendant makes against the claimant in the same case.
- Adjournment
- Moving the hearing to a later date.
- Monetary jurisdiction
- The maximum amount a court can award.
The full answer
Each court act's § 1803(c) sets out the counterclaim procedure. A defendant files a statement of the counterclaim with the clerk within five days of receiving the notice of claim and pays a $5 fee plus the cost of the required mailing ($3 plus mailing in town and village courts). The clerk then sends notice of the counterclaim to the claimant by first-class mail. The claimant may reply but doesn't have to.
If the defendant doesn't file within five days, the defendant keeps the right to bring the counterclaim — in practice, at the hearing — but the claimant may ask for and get an adjournment to prepare (§ 1803(c); 22 NYCRR § 208.41(i)). When a counterclaim comes up at the hearing, the judge may hear the whole case right away or adjourn for up to 20 days.
How big can a counterclaim be?
A counterclaim isn't allowed in small claims unless the court could have heard it as a small claim — so it must fit within the same limit: $10,000 in New York City, $5,000 in city and district courts, $3,000 in town and village courts (§ 1805(c)). Any other claim against the claimant can be filed in a court that has the power to hear it.
Exceptions and special cases
- Commercial claims: the same five-day rule and $5 fee apply to counterclaims against a business suing in the commercial claims part (§ 1803-A(d)), and the counterclaim must fit within the commercial claims limit (§ 1805-A(c)).
- A business defendant: a corporation sued in small claims can file a counterclaim through a lawyer or an authorized officer, director or employee (§ 1809(2)).
- Fees in the notice form: the court rules' sample notice still mentions a $3 counterclaim fee; the current statute sets $5 in New York City, city and district courts. Check the current amount with the clerk.
What to do now
Count five days from when you received the notice
Go to the small claims clerk with the notice and your counterclaim details.
Write a short statement
Say how much the claimant owes you and why, with dates. The clerk can help put it on the court's form.
Pay the fee
$5 plus mailing ($3 plus mailing in town and village courts).
Bring your proof to the hearing
Bring evidence for both your defense and your counterclaim, with copies.
Figures that change
- Counterclaim fee — NYC, city and district courts (plus mailing): $5 (as of 2026-10-30; New York City Civil Court Act)
- Counterclaim fee — town and village courts (plus mailing): $3 (as of 2026-10-30; N.Y. Uniform Justice Court Act)
Frequently asked questions
Does my counterclaim have to be about the same dispute?
The small claims articles don't limit counterclaims to the same transaction; they limit the amount (§ 1805(c)). A judge may still decide how to handle an unrelated claim, so it's worth asking the clerk.
What if the claimant drops their case after I file a counterclaim?
Ask the clerk how your counterclaim will be handled. Be ready to appear on the hearing date unless the court tells you otherwise.
Can I ask for a jury on my counterclaim?
A defendant can demand a jury before the hearing date, with an affidavit, jury fee and $50 undertaking or deposit (§ 1806). That moves the whole case out of the small claims part.
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) · §§ 1803(c), 1803-A(d), 1805(c), 1805-A(c), 1806, 1809(2) · Checked: October 30, 2026Counterclaim deadline, fee, limit, commercial claims
- N.Y. Uniform City Court Act (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 1803(c) · Checked: October 30, 2026City courts
- N.Y. Uniform District Court Act (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 1803(c) · Checked: October 30, 2026District courts
- N.Y. Uniform Justice Court Act (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · §§ 1803(c), 1805(c) · Checked: October 30, 2026Town and village courts: $3 fee
- 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(d), (i) · Checked: October 30, 2026Counterclaims at the hearing, adjournments, notice form
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Related guides
- What to do nowYou're being sued in small claims court in New York: what to do now
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- QuestionWhat is the small claims limit in New York? $10,000, $5,000 or $3,000 depending on the court
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- How toYou won in small claims court in New York but weren't paid: how to collect
- How toCommercial claims in New York: how a business sues for up to $10,000 without a lawyer
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.