Small claims court · Question
What is the small claims limit in New York? $10,000, $5,000 or $3,000 depending on the court
Updated By The editorial teamNot reviewed by an attorney — based on the official sources below
In short
The 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 York City and in the district courts of Nassau and Suffolk, and $3,000 in town and village courts. The limit doesn't count interest and court costs, and it applies to claims for money only. Which court you use depends on where the defendant lives, works or does business.
Read on for the details, the exceptions and the sources.
In plain words
- Limit (monetary jurisdiction)
- The largest amount a small claims court is allowed to award on one claim.
- Exclusive of interest and costs
- Interest and court costs are added on top and don't count toward the limit.
- Town and village courts
- Local 'justice courts' in towns and villages outside New York City, Nassau's and Suffolk's district courts and the cities.
The full answer
Each kind of local court has its own small claims law, and each sets its own limit in § 1801:
- New York City Civil Court (the five boroughs): up to $10,000 (New York City Civil Court Act § 1801).
- City courts outside New York City: up to $5,000 (Uniform City Court Act § 1801).
- District courts of Nassau and Suffolk: up to $5,000 (Uniform District Court Act § 1801).
- Town and village courts: up to $3,000 (Uniform Justice Court Act § 1801).
What the limit counts
The limit is 'exclusive of interest and costs' (§ 1801 of each act). So you can ask for up to the limit as your actual loss, and interest and the filing fee may be added if you win. The claim must be for money only — small claims can't order someone to return property, fix something or stop doing something.
The court you use isn't your choice alone: the defendant must live, work or have a business office in the area the court covers (in New York City, anywhere in the city). Tenants suing a landlord about their lease can also file where the rental is located (§ 1801).
Exceptions and special cases
- Businesses: corporations can't file small claims, and in New York City, city courts and town and village courts neither can partnerships or associations (§ 1809). They can use the commercial claims part, which has the same dollar limit as small claims in that court (Civil Court Act § 1801-A).
- Counterclaims: a defendant's counterclaim must also fit within the court's small claims limit; a bigger claim has to be brought in a court that can hear it (§ 1805(c)).
- Arbitration awards: in New York City, city and district courts, small claims can also be used by someone challenging an attorney-client fee arbitration award under 22 NYCRR Part 137 when the amount in dispute is within the limit (§ 1801).
- Unpaid judgments against a business sued under a name other than its true name: a new action for the judgment plus costs, reasonable attorney's fees and $100 can be brought in small claims even above the usual limit (§ 1813(a)).
What if your claim is bigger than the limit?
You can bring the full claim as a regular lawsuit in a court that can hear that amount, which is more formal and usually means more paperwork. Some people decide to ask small claims for only the limit to keep things simple. Before you cut your claim down, think about whether you could recover the rest some other way, and ask the clerk or a lawyer — giving up part of a claim may be hard to undo.
What to do now
Add up what you're owed
List each item with a receipt, invoice or estimate. An itemized paid bill or two itemized estimates count as evidence of the reasonable value of repairs (§ 1804).
Find the court
Use the defendant's home, workplace or business location to find the court, and check that your total fits within that court's limit.
File with the small claims clerk
Bring the defendant's name and address and pay the filing fee. Our step-by-step filing guide walks through it.
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)
Frequently asked questions
Can I sue for more than $10,000 in New York City small claims if I add interest?
Interest and costs don't count toward the limit (§ 1801), so they can be added to an award. But the amount of your actual claim must be $10,000 or less.
Is the limit in Nassau or Suffolk higher than in a town court?
The district courts of Nassau and Suffolk have a $5,000 limit (Uniform District Court Act § 1801). Town and village courts have a $3,000 limit (Uniform Justice Court Act § 1801).
Does the limit apply if I'm a tenant suing my landlord?
Yes, the same limit applies. What changes for tenants is where you can file: a claim about your lease can also be filed where the rented property is located (§ 1801).
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) · §§ 1801, 1801-A, 1804, 1805(c), 1809, 1813(a) · Checked: October 30, 2026$10,000 limit in New York City; who can sue; counterclaims
- N.Y. Uniform City Court Act (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · §§ 1801, 1809 · Checked: October 30, 2026$5,000 limit in city courts
- N.Y. Uniform District Court Act (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 1801 · Checked: October 30, 2026$5,000 limit in district courts
- N.Y. Uniform Justice Court Act (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · §§ 1801, 1809 · Checked: October 30, 2026$3,000 limit in town and village courts
- Small Claims — New York State Unified Court System (opens in a new tab)New York State Unified Court System — CourtHelp · Checked: October 30, 2026Small claims limits by court
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
- Can a debt collector use commercial claims? · Commercial claims in New York: how a business sues for up to $10,000 without a lawyer
- I'm a sole proprietor. Do I use small claims or commercial claims? · Commercial claims in New York: how a business sues for up to $10,000 without a lawyer
- Does my counterclaim have to be about the same dispute? · Can you file a counterclaim in New York small claims court?
- What if the claimant drops their case after I file a counterclaim? · Can you file a counterclaim in New York small claims court?
Related guides
- How toHow to file a small claims case in New York, step by step
- How toCommercial claims in New York: how a business sues for up to $10,000 without a lawyer
- QuestionCan you file a counterclaim in New York small claims court?
- QuestionHow much does it cost to file in small claims court in New York?
- 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
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.