New York Small Claims Court Guide

New York small claims handles cases up to $10,000 ($5,000 in NYC). Evening and night court available. New York City and town/village courts handle claims up to $5,000. 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

1. Send a Demand Letter - Before filing, send a formal demand letter giving the defendant 30 days to respond. PettyLawsuit generates professional demand letters with New York laws cited. $29 to start.
2. File Your Claim - If the defendant doesn't respond, file your case at the correct New York court. Filing fees range from $30 to $200 depending on your claim amount.
3. Serve the Defendant - Defendants must be served by certified mail with return receipt or by personal service. NYC allows regular mail in some cases.
4. Attend Your Hearing - Present your evidence and the judge makes a decision, usually the same day. Most cases are heard within 30-60 days of filing.
5. 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 typically range from $30 to $200 depending on the claim amount. Cases under $1,500 usually have the lowest filing fees ($30-$75), while claims near the $5,000 limit may cost $100-$200 to file. If you win, the court may order the defendant to reimburse your filing costs. Fee waivers are available for those who demonstrate financial hardship.

Statute of Limitations in New York

Every type of claim has a deadline for filing. In New York, written contracts typically have a 4-6 year statute of limitations, oral contracts 2-4 years, property damage 2-3 years, and personal injury 2-3 years. Filing after the deadline means your case will be dismissed regardless of its merits. 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