New York small claims handles cases up to $10,000 ($5,000 in NYC). Evening and night court available. New York City's Small Claims Court handles claims up to $10,000. City courts outside NYC can handle up to $5,000.
Who Can File in New York Small Claims Court
Any individual 18 or older, businesses, partnerships, and corporations. Minors need a parent or guardian.
Where to File Your New York Case
File where the defendant lives, works, or has an office. For NYC, use the borough where the defendant is located.
How to File Small Claims in New York - Step by Step
- Send a Demand Letter - Before filing, send a formal demand letter giving the defendant a clear deadline to respond. PettyLawsuit generates professional demand letters with New York laws cited. $29 to start.
- File Your Claim - If the defendant doesn't respond, file your case at the correct New York court. Filing fees are typically $15-$20.
- Serve the Defendant - Defendants must be served by certified mail with return receipt or by personal service. NYC allows regular mail in some cases.
- Attend Your Hearing - Present your evidence and the judge makes a decision, often the same day. Hearing timelines vary by court.
- Collect Your Judgment - If you win, enforce the judgment through legal collection methods.
Common Small Claims Cases in New York
- Security deposit disputes with landlords
- Unpaid wages or final paychecks
- Contractor and home repair disputes
- Vehicle accidents and property damage
- Consumer complaints against businesses
- Breach of contract claims
New York Court Hearing Tips
- Bring 3 copies of all documents
- Organize evidence chronologically
- Prepare a brief opening statement
- Dress professionally
- Arrive 30 minutes early
- Be respectful to the judge
- Stick to facts, not emotions
Judgment Collection Options in New York
- Income execution (wage garnishment)
- Property execution (seizure of assets)
- Bank account levy
- Information subpoena to locate assets
- Transcript of judgment for liens
Appeals in New York
Only defendants can appeal in small claims court. Plaintiffs who lose cannot appeal the decision.
Filing Costs & Fee Breakdown
Small claims filing fees in New York are typically $15-$20. Confirm the current amount with the clerk before filing. If you win, the court may order the defendant to reimburse your filing costs. Many courts offer fee waivers for those who demonstrate financial hardship.
Statute of Limitations in New York
Every type of claim has a filing deadline, and the deadline depends on the claim type. Filing after the deadline means your case can be dismissed regardless of its merits. Confirm the current New York statute of limitations for your claim type before filing, and send a demand letter as soon as possible to preserve your rights.
Evidence Checklist for New York Small Claims Court
- Signed contracts, leases, or written agreements
- Receipts, invoices, and proof of payment
- Photos or videos of damage or defective work
- Email and text message correspondence
- Witness statements or contact information
- Your demand letter and proof of delivery
- Timeline of events organized chronologically
Frequently Asked Questions
How do I file a small claims case in New York?
Send a written demand first. Then file at the city, town, or village court where the defendant lives, works, or has an office. In New York City, file with the Civil Court small claims part in the right borough. Filing costs $15-$20, and the defendant is served by certified mail or personal service. PettyLawsuit prepares the demand letter and court paperwork for you.
Do I need a lawyer in NY small claims?
No lawyers are allowed in small claims court except for appeals. The court is designed for self-representation.
How long do I have to collect a judgment?
New York judgments are valid for 20 years and earn 9% annual interest.
Can corporations use small claims?
Yes, but corporations must be represented by an attorney on appeal.
Is there a filing limit?
Commercial claimants are limited to 5 claims per month.
Is small claims court different in New York City?
Yes. New York City's small claims part handles claims up to $10,000, double the $5,000 limit of city courts outside NYC. File in the borough where the defendant lives, works, or has an office.