RitezyNew York legal help
Ask for free

Small claims court · What to do now

You're being sued in small claims court in New York: what to do now

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

In short

If you received a small claims notice, the most important thing is to show up at the hearing on time with your evidence — a defendant who doesn't appear within an hour of the scheduled time can lose by default, even with a good defense. You don't need to file a written answer. If you think the claimant owes you money, you can file a counterclaim with the clerk within five days of receiving the notice, or bring it to the hearing. You can also try to settle before the hearing.

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

In plain words

Defendant
The person or business being sued — here, you.
Counterclaim
Your own claim for money against the person suing you, heard in the same case.
Default
Losing because you didn't show up.
Vacate
Cancel. A court can vacate a default judgment if you had a good excuse and a real defense.

Step by step

  1. Read the notice and mark the date

    Note the hearing date, time and courtroom, the amount claimed and the reason given.

  2. Decide whether to counterclaim

    If the claimant owes you money from the same dispute or another one, file a counterclaim with the clerk within five days of receiving the notice; the fee is $5 plus mailing ($3 in town and village courts) (§ 1803(c)).

  3. Gather your evidence

    Collect contracts, receipts, photos, texts and e-mails. Ask the clerk for subpoenas if a witness won't come voluntarily.

  4. Try to settle

    A call or letter offering a fair amount can end the case. Put any agreement in writing and make sure the case is withdrawn or the settlement recorded.

  5. Appear on time

    Come early. You're held in default unless you or your lawyer appear within one hour of the scheduled time (22 NYCRR § 208.41(h)).

  6. If you missed the hearing

    Ask the same court to vacate the default as soon as you can; a default can't simply be appealed (CPLR § 5511). For an excusable default, the motion must be made within one year after service of the judgment with notice of entry (CPLR § 5015(a)(1)).

What to check

  • Is it the right court? The defendant must live, work or have a business office in the court's area (or, for a tenant's claim, own the rented property there) (§ 1801).
  • Is the amount within the limit — $10,000 in New York City, $5,000 in city and district courts, $3,000 in town and village courts (§ 1801)?
  • Is the claimant allowed to use small claims? Corporations, assignees (debt buyers) and insurers can't (§ 1809); a business may be using the commercial claims part instead.
  • Is the claim too old? Time limits to sue apply, such as six years for most contract claims (CPLR § 213).
  • Is it for money only? Small claims can't order you to do something or return property (§ 1801).
  • If you're being sued as a business, are they using your correct name? The judge will determine your true name at the hearing (§ 1814(c)).

What you may be owed

  • You may be able to recover money the claimant owes you through a counterclaim, if it fits within the court's small claims limit (§ 1805(c)).
  • If your counterclaim is larger than the limit, you may be able to bring it in another court that can hear it (§ 1805(c)).
  • If the claim is older than the time limit to sue — for example, six years for most contract claims — you may have a complete defense (CPLR § 213).
  • If the claim is dismissed, you owe nothing on it; it's worth checking that the court's records show the dismissal.

Your options at the hearing

You can have your case decided by a judge or, if you and the claimant both agree, by a court-appointed arbitrator. An arbitrator's award is final with no appeal (22 NYCRR § 208.41(n)); a judge's decision can be appealed on the narrow ground that substantial justice wasn't done (§ 1807).

Before the hearing date, you can demand a jury trial by filing a demand, an affidavit explaining the factual issues, a jury fee, and a $50 undertaking or deposit (§ 1806). That moves the case out of the informal small claims process. If you admit you owe the money but need time to pay, come to the hearing in person and explain why — the notice of claim says so, and the court can set terms (§ 1805(a)).

Documents to gather

  • The notice of claim you received, and the envelope (it can show the mailing date).
  • Any contract, lease, estimate, invoice or receipt involved.
  • Proof of payments you made: bank or card statements, canceled checks.
  • Photos and video, with dates.
  • Texts, e-mails and letters with the claimant.
  • For a counterclaim: an itemized paid bill or two itemized estimates for any repairs (§ 1804).

When to get help

Most people handle small claims without a lawyer. Consider getting advice if the claim is large for you, if you want to demand a jury, if a business or insurer seems to be suing you improperly, or if you missed the hearing and need to vacate a default. Court help centers and CourtHelp have free information; legal aid organizations may be able to help if you have a low income.

Frequently asked questions

Do I need to file a written answer in small claims?

No written answer is required. You present your defense at the hearing. The notice tells you to bring your witnesses and documents (22 NYCRR § 208.41(d)).

What if I can't make the hearing date?

Contact the clerk right away and ask how to request an adjournment, and tell the claimant. Don't assume it's granted until the court confirms — if you don't appear, a default judgment can be entered.

I'm being sued by a company. Is that allowed in small claims?

Corporations can't start a small claims case (§ 1809). A business may be suing you in the commercial claims part, which has its own rules — for consumer debts, the business must first send you a demand letter (§ 1803-A(b)).

What happens if I lose and don't pay?

The winner can use garnishment of wages and bank accounts, liens, seizure of property and other tools (§ 1811(a)). Pay within 30 days after receiving the notice of judgment if you can, and get proof of payment to the court.

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 — free

Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

Related questions

Related guides

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.