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Small claims court · Question

How is the other side notified of a small claims case in New York?

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

In New York small claims you don't serve papers yourself. The court clerk mails a notice of claim to the defendant by both ordinary first-class mail and certified mail, return receipt requested. If the first-class letter isn't returned as undeliverable within 21 days, the defendant is presumed to have received it. If the notice can't be delivered within four months of filing, the case is dismissed without prejudice, so you can file again with a better address.

Read on for the details, the exceptions and the sources.

In plain words

Service
Officially letting the other side know they are being sued.
Certified mail, return receipt requested
Mail that's tracked, with a card or record showing who signed for it.
Presumed to have received
The law treats the notice as received unless shown otherwise.
Dismissed without prejudice
The case is closed, but you're allowed to file it again.

The full answer

Small claims are started 'without the service of a summons' (§ 1803(a) of each court act). Instead, the clerk sends the defendant a notice of your claim by ordinary first-class mail and by certified mail with return receipt requested. The court rules say the clerk does this within five days after the claim is recorded (22 NYCRR § 208.41(d) in New York City; similar rules apply in city, district, town and village courts).

The notice goes to the defendant's home if they live in the court's area and you know the address; otherwise to their office or place of regular employment in that area. For a tenant's claim against a landlord about the lease, if neither works, it can go to the place where you mail or deliver rent (§ 1803(a)).

If, after 21 days, the first-class letter hasn't come back as undeliverable, the defendant is presumed to have received the notice (§ 1803(a)). That's true even if the certified letter wasn't signed for.

What the notice tells the defendant

  • Who is suing, for how much, and why.
  • The date, time and place of the hearing, and that a defendant who doesn't appear can have a judgment entered against them by default.
  • How to file a counterclaim within five days (§ 1803(a), (c)).
  • That the clerk will issue subpoenas for witnesses on request.
  • For claims arising from business activities, a notice of the duty to pay judgments in the business's true name (§ 1813(c)).

Exceptions and special cases

  • Four-month limit: if the notice can't be delivered within four months after you filed, the case is dismissed without prejudice (22 NYCRR § 208.41(g); § 210.41(f); § 212.41(f); § 214.10(g)).
  • Wrong or partial business name: you can sue a business in any name it uses to do business; if you learn the true name before the hearing, tell the clerk, who amends the papers and sends a new notice without an extra fee (§ 1814).
  • Commercial claims about consumer debts: the presumption of receipt kicks in after 30 days rather than 21 (§ 1803-A(b)).
  • Adding a defendant: if you need to bring in another defendant after filing, the clerk can mail a notice to them after you pay the proper fees (22 NYCRR § 208.41(k)).

What to do now

  1. Give the best address you have

    A home address in the court's area works best. For a business, use the address where it actually operates.

  2. Check delivery before the hearing

    Call or visit the clerk a week or two before the hearing to ask whether the mail came back or the certified receipt was returned.

  3. If the mail came back

    Ask the clerk what options the court allows, such as a new address. Act before the four-month limit runs out.

  4. Still go to the hearing

    Unless the clerk tells you the date was changed, appear on the hearing date with your evidence.

Frequently asked questions

Do I have to hand the papers to the defendant myself?

Usually no. In small claims the clerk mails the notice (§ 1803(a)). If the mailing fails, ask the clerk whether another way of giving notice is allowed in your court.

The defendant refused to sign for the certified letter. Is that a problem?

Not necessarily. If the first-class letter isn't returned as undeliverable within 21 days, the defendant is presumed to have received the notice (§ 1803(a)).

Can I sue someone who lives outside New York State?

Small claims requires the defendant to live, work or have a business office in the court's area (§ 1801), with a special rule for tenants suing their landlord over property in the area. If the defendant has none of those links, small claims may not be available; ask the clerk.

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Official sources

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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.