pettylawsuit
Complete Filing Guide
Updated February 2026

How to File Small Claims in New YorkStep-by-Step Process • All Boroughs • Complete Guide

7
Steps to File
30-60
Days to Hearing
$15-35
Filing Fees
5
NYC Boroughs

Master the New York small claims filing process with our comprehensive guide. From eligibility through collection, we'll walk you through every step to file your case successfully in any NYC borough.

$29 service fee + court filing fees

7-Step Filing Process

1

Understanding Eligibility

Before filing

Verify you meet requirements to file in New York small claims court

Plaintiff must be 18+ years old
Defendant must live, work, or do business in NYC
Claim must be within monetary limits ($10,000 NYC, $5,000 City, $3,000 Town)
Cannot be against government entities
Must file within statute of limitations
2

Preparing Documentation

1-2 days

Gather all evidence and documents supporting your claim

Contracts or agreements
Receipts and invoices
Photos of damage
Email/text exchanges
Witness information
3

Filing the Claim

Day of filing

Complete Statement of Claim and file at the correct courthouse

Fill out Statement of Claim (CIV-SC-50)
Choose correct borough/court
Pay filing fee ($15-35)
Get case number and hearing date
Receive service instructions
4

Serving the Defendant

5-20 days

Ensure defendant is properly notified of the lawsuit

Court sends via certified mail ($10-15)
Or arrange personal service ($50-75)
Must be served within 120 days
File Affidavit of Service
Confirm defendant received notice
5

Preparing for Court

Until hearing date

Organize your presentation and practice your case

Organize documents chronologically
Prepare opening statement (2-3 minutes)
List key points to make
Bring witnesses if needed
Make copies for judge and defendant
6

What to Expect at Hearing

Court date

Present your case clearly and concisely to the judge

Arrive 30 minutes early
Check in with court clerk
Wait for case to be called
Present evidence to judge
Answer judge's questions
Receive decision (often same day)
7

Post-Judgment Collection

After winning

Take steps to collect your judgment if you win

Defendant has 30 days to pay/appeal
Send demand letter for payment
File Information Subpoena to find assets
Consider wage garnishment
May need marshal for enforcement

Step 1: Understanding Eligibility

Before filing, ensure you meet all requirements for New York small claims court.

Who Can File

  • Individuals 18 years or older
  • Businesses and corporations
  • Partnerships and associations
  • Landlords and tenants
  • Minors only through parent/guardian

Monetary Limits

NYC Courts
$10,000
Individuals only
City Courts
$5,000
Outside NYC
Town/Village Courts
$3,000
Justice Courts
Important: The defendant must live, work, or do business in the county where you file. For NYC, file in the defendant's borough. You cannot sue government entities in small claims court.

Statute of Limitations

Written Contracts: 6 years

Signed agreements, promissory notes

Oral Contracts: 6 years

Verbal agreements, handshake deals

Property Damage: 3 years

Car accidents, property harm

Personal Injury: 3 years

Physical injuries, medical bills

Step 7: Post-Judgment Collection

If You Win

  • 30-Day Waiting Period

    Defendant has 30 days to pay or appeal

  • Send Demand Letter

    Request payment with judgment copy

  • Information Subpoena

    Discover defendant's assets ($2 fee)

Collection Methods

  • Wage Garnishment

    Up to 10% of gross wages

  • Bank Levy

    Freeze and seize bank accounts

  • Property Lien

    Attach to real estate

Frequently Asked Questions

How do I file small claims in NYC?

To file in NYC: 1) Verify your claim is under $10,000 and meets eligibility requirements, 2) Complete the Statement of Claim form (CIV-SC-50), 3) File at the courthouse in the defendant's borough, 4) Pay the filing fee ($15-35), 5) Arrange for service of the defendant, 6) Prepare for and attend your hearing.

How long does the small claims process take in NY?

Most cases are heard within 30-60 days of filing. After the hearing, if you win, the defendant has 30 days to pay or appeal. The entire process from filing to collection typically takes 2-3 months, though collection can take longer if enforcement is needed.

What documents do I need to file small claims?

You need: defendant's full legal name and address, a clear description of your claim, the exact amount you're seeking (up to limits), any contracts/receipts/evidence, valid photo ID, and filing fee payment in cash or money order.

Can I file small claims online in New York?

Currently, NYC Small Claims Court requires in-person filing at the courthouse. However, some upstate courts may offer electronic filing. You can prepare forms in advance but must visit the courthouse to officially file.

What if the defendant doesn't show up to court?

If properly served and the defendant doesn't appear, you may win by default. You'll still need to prove your case to the judge. The court will issue a default judgment in your favor for the amount proven.

Do I need a lawyer for small claims court?

No, lawyers are not required and most people represent themselves successfully. The court is designed for non-lawyers. However, you may hire an attorney if you choose. Corporations may have attorneys or authorized employees represent them.

What happens if I miss my court date?

If you're the plaintiff and miss your date, your case will likely be dismissed. You can request an adjournment beforehand if you cannot attend. If you're the defendant and don't appear, a default judgment may be entered against you.

Can I appeal a small claims decision?

Only defendants can appeal small claims judgments in NY, and must do so within 30 days. Plaintiffs cannot appeal but can make a motion to vacate default judgments in limited circumstances.

Ready to File Your Small Claim?

Don't navigate the complex filing process alone. Get professional assistance to ensure your case is filed correctly from the start.

$29 service fee + court filing fees. Professional preparation included.