Small claims court · Question
How much does it cost to file in small claims court in New York?
Updated By The editorial teamNot reviewed by an attorney — based on the official sources below
In short
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 of $1,000 or less and $20 for a claim over $1,000. In town and village courts it is $10 and $15. A defendant who files a counterclaim pays $5 plus mailing costs ($3 in town and village courts). Collecting a judgment can involve other small costs, and if you can't afford court fees you can ask the court to waive them.
Read on for the details, the exceptions and the sources.
In plain words
- Filing fee
- The fee you pay the clerk to start the case.
- Fee waiver
- A court order letting you skip court fees because you can't afford them (sometimes called 'poor person' relief).
- Undertaking
- Money or a bond put up with the court to guarantee a payment, for example when demanding a jury.
The full answer
- New York City Civil Court, city courts and district courts: $15 for claims of $1,000 or less; $20 for claims over $1,000 (§ 1803(a) of the Civil Court Act, the Uniform City Court Act and the Uniform District Court Act).
- Town and village courts: $10 for claims of $1,000 or less; $15 for claims over $1,000 (Uniform Justice Court Act § 1803(a)).
- Counterclaim by the defendant: $5 plus the cost of mailing it to you in New York City, city and district courts; $3 plus mailing in town and village courts (§ 1803(c)).
- Commercial claims by a business: $25 plus mailing costs (§ 1803-A).
Costs that can come later
Most small claims cases cost nothing beyond the filing fee. Depending on how the case goes, you may also face:
- A jury demand (by the defendant only): a jury fee plus a $50 undertaking or cash deposit (§ 1806). The person who files a small claim gives up a jury.
- Collection: information subpoenas issued by the small claims clerk 'at nominal cost' (§ 1812(d)), and the fees of a sheriff or, in New York City, a city marshal, if you need one to collect. Ask the officer about their fees.
- An appeal: a filing fee and the cost of the hearing transcript. Ask the clerk for the current amounts.
Exceptions and special cases
- Unpaid wages in New York City: an employee suing an employer for no more than $300 for work done, who files the affidavit described in Civil Court Act § 1912(a), pays no filing fee — only mailing costs (§ 1803(a)).
- Can't afford the fees: you can ask the court to waive costs and fees by filing an affidavit or affirmation about your income and assets (CPLR § 1101). Ask the clerk for the form.
- Getting the fee back: if you win, the court can include your costs in the judgment. Ask the judge or arbitrator to add your filing fee.
What to do now
Work out your claim amount
Whether your claim is over or under $1,000 decides the fee.
Check payment methods
Courts differ in whether they take cash, checks, money orders or cards. Call the clerk or check the court's page before you go.
Ask about a waiver if money is tight
Tell the clerk you want to apply to waive fees (CPLR § 1101). Bring proof of your income.
Figures that change
- 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)
- 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)
- Commercial claim filing fee (plus mailing): $25 (as of 2026-10-30; New York City Civil Court Act)
Frequently asked questions
Do I get the filing fee back if I win?
Costs can be included in the judgment if you win. Ask the court to include your filing fee, and keep your receipt.
Does the defendant pay anything to defend a small claim?
No fee is required just to show up and defend. A defendant who files a counterclaim pays $5 plus mailing ($3 in town and village courts), and one who demands a jury pays a jury fee and posts a $50 undertaking (§ 1803(c), § 1806).
Has the fee changed recently?
The amounts here come from the current text of § 1803 of each court act as of the date shown. Fees can change by law, so check with the clerk when you file.
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, 1803-A, 1806, 1812(d), 1912(a) · Checked: October 30, 2026Filing, counterclaim, commercial claim and jury fees in New York City
- N.Y. Uniform City Court Act (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 1803 · Checked: October 30, 2026City court fees
- N.Y. Uniform District Court Act (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 1803 · Checked: October 30, 2026District court fees
- N.Y. Uniform Justice Court Act (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 1803 · Checked: October 30, 2026Town and village court fees
- N.Y. Civil Practice Law and Rules (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 1101 · Checked: October 30, 2026Waiving court fees
- NYC Small Claims Court — Collecting the Judgment (opens in a new tab)New York State Unified Court System — Civil Court of the City of New York · Checked: October 30, 2026Collection costs
Related questions
- Do I need a lawyer to file in small claims court? · How to file a small claims case in New York, step by step
- Can I sue for something other than money, like getting my property back? · How to file a small claims case in New York, step by step
- Do I have to be on public assistance to qualify? · Court fee waiver in New York: how to ask for poor person relief
- Can a defendant ask for a fee waiver? · Court fee waiver in New York: how to ask for poor person relief
- 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
Related guides
- How toHow to file a small claims case in New York, step by step
- How toCourt fee waiver in New York: how to ask for poor person relief
- QuestionWhat is the small claims limit in New York? $10,000, $5,000 or $3,000 depending on the court
- How toYour small claims hearing in New York: what to bring and what to expect
- How toYou won in small claims court in New York but weren't paid: how to collect
- What to do nowYou're being sued in small claims court in New York: what to do now
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.