Your small claims hearing in New York: what to bring and what to expect

Where to go

Go to the courthouse and courtroom on the notice the clerk gave you. In New York City, small claims parts sit in each borough, and the Civil Court must hold at least one evening session a month unless the chief administrator exempts a part (Civil Court Act § 1802). In New York City, people 65 or older, people with disabilities, and people who work evenings can ask to have their claim heard in the daytime (the second § 1815). Town and village courts must schedule small claims sessions at least every other week, and the hearing is set between 22 and 45 days after filing (22 NYCRR § 214.10(a), (d)).

What documents you need

• The notice or memo with your hearing date and index number.
• Your evidence, organized, with copies for the judge and the other side: contract or lease, receipts, invoices, estimates, photos, texts and e-mails, bank records.
• An itemized paid bill, or two itemized estimates, for any repair or service you're claiming — these count as evidence of the reasonable value and necessity of the work (§ 1804).
• Witnesses, in person. The clerk can issue subpoenas for witnesses on request (22 NYCRR § 208.41(d)).
• If you're appearing for a corporation as defendant: proof that you're an authorized officer, director or employee (§ 1809(2)).

Fees and costs

There's no fee to attend the hearing. If the defendant demanded a jury, the defendant paid a jury fee and posted a $50 undertaking; if a case moved to a regular part of the court and the claimant wins, the court may award the claimant up to $25 in costs (§ 1806). Keep your filing-fee receipt so you can ask for costs if you win.

Deadlines

• Be on time. A defendant who doesn't appear is held in default unless they or their lawyer appear within one hour after the scheduled time (22 NYCRR § 208.41(h); § 210.41 and § 212.41 say the same).
• If the claimant doesn't appear, the court may dismiss the claim or decide it for the defendant (§ 208.41(j)).
• If you need an adjournment, ask as early as possible and in writing if you can, and still check whether you must appear. A claimant who got late notice of a counterclaim can ask for an adjournment (§ 1803(c)).
• A counterclaim the defendant raises at the hearing may lead the judge to adjourn for up to 20 days, or to hear everything at once (§ 208.41(i)).

Step by step

1. 1

   Check in

   Arrive early, find the courtroom and answer when your case is called. The court may call the list of cases first.

2. 2

   Choose judge or arbitrator

   Arbitration is often quicker, but both sides must agree, no record is kept, and there is no appeal from an arbitrator's award (22 NYCRR § 208.41(n)). In New York City, hearings in the small claims part are recorded (Civil Court Act § 1802), and a judge's decision can be appealed on narrow grounds (§ 1807).

3. 3

   Consider settling

   You can still settle in the hallway. Put any agreement in writing and ask the court to record it.

4. 4

   Tell your story

   You'll be sworn in. Explain what happened in order, how much you're asking for, and how you calculated it. Hand up your documents.

5. 5

   Respond to the other side

   Listen without interrupting, then answer their points calmly with your evidence.

6. 6

   Ask for interest and costs

   If you win, ask that your filing fee and any interest be included.

What happens next

The judge or arbitrator decides 'to do substantial justice between the parties according to the rules of substantive law' and isn't bound by the formal rules of evidence, except privileges (§ 1804). The decision may be given right away or mailed. The notice of judgment tells the loser what can happen if they don't pay — wage and bank garnishment, liens, seizure of property and more — and tells both sides the deadline to appeal (§ 1811).

If you win and aren't paid, you must collect yourself. If you lose a judge's decision, you can appeal only on the ground that substantial justice wasn't done (§ 1807).

Frequently asked questions

Official 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) · §§ 1802, 1803(c), 1804, 1805(a), 1806, 1807, 1809(2), 1811, 1815 (both sections) · Checked: October 30, 2026
  Hearing procedure, evidence, evening and daytime sessions, decisions
• 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), (h)–(j), (n) · Checked: October 30, 2026
  Subpoenas, default after one hour, counterclaims at hearing, arbitration
• 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) · Checked: October 30, 2026
  Default rule 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) · Checked: October 30, 2026
  Default rule 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(a), (d) · Checked: October 30, 2026
  Sessions and hearing dates 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, 2026
  Court locations and hearing times in New York City

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