New York Small Claims Court
How It Works & How to File
A complete guide to filing in New York small claims court, covering limits, costs, forms, timelines, and what to expect whether you’re suing in NYC Civil Court or your local City/Town Court.
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How Small Claims Court Works in New York
Small claims court in New York is designed to help individuals resolve disputes quickly and inexpensively, without needing a lawyer.
In New York City, small claims are handled in the Civil Court.
In other counties, they are usually handled by City, Town, or Village Courts.
The maximum claim amount depends on where you file:
NYC Civil Court: Up to $10,000
City Courts outside NYC: Up to $5,000
Town & Village Courts: Up to $3,000
This guide explains what you can sue for, how to file, what to expect at the hearing, and what happens if you win or lose.
This Guide Covers:
Who can file a small claims case in New York
What you can sue for and common examples
Filing limits, forms, and costs
The step-by-step filing process
How hearings work and what happens if you win or lose
Special rules for serving defendants in New York
Why many people start with a demand letter
How Sue.com can help simplify your case
Who Can File a Small Claims Case in New York
You can file if:
You are 18 or older (minors must have a parent/guardian file).
Your claim falls within the dollar limits above.
The case is civil, not criminal.
The defendant lives, works, or does business in the county where you file.
What You Can Sue For in New York
You can bring a case for:
Unpaid loans, wages, or rent
Property damage (car accidents, broken items, etc.)
Breach of contract
Security deposit disputes
Faulty services or products
Money owed for goods/services
⚠️ You cannot sue for: divorce, child support, alimony, or slander/libel in small claims court.
New York Small Claims Court Process
Confirm eligibility – Make sure your claim is under the local dollar limit.
Choose the right court – Civil Court (NYC), City Court, or Town/Village Court.
Fill out the small claims application – Each court provides its own form. NYC Civil Court uses a “Statement of Claim.”
File the claim – Filing fees vary ($15–$20 in NYC; $10–$15 elsewhere).
Serve the defendant – Usually handled by the court clerk via certified mail. In some cases, a process server may be required.
Get your court date – Usually 1–2 months after filing.
Attend the hearing – Bring all evidence: receipts, contracts, photos, texts, witnesses, etc.
How Long Does the Process Take?
Filing to hearing: 1–2 months (NYC) or 2–3 months (other counties).
Judgment: Issued at or shortly after the hearing.
Appeals: Either party may appeal within 30 days.
What Happens If You Win
You receive a judgment in your favor.
Defendant is legally obligated to pay.
If unpaid, you can enforce the judgment with wage garnishment, liens, or bank levies.
What Happens If You Lose
You may need to pay the other party’s filing costs.
You can appeal within 30 days.
Losing does not create a criminal record.
Serving the Defendant in New York
In NYC, the court typically serves by mail. Outside NYC, you may need to use:
Certified mail via the court clerk
Sheriff or process server
In some cases, personal delivery
If the defendant cannot be served, your case may be delayed.
Why Many Start with a Demand Letter
A professional demand letter often convinces the other party to settle before court. Benefits:
Saves time and filing fees
Shows you tried to resolve the dispute first
Provides evidence of good faith effort
💡 Tip: We prepare and send New York-specific demand letters for $39. Many cases resolve without ever going to court.
How Sue.com Can Help
Our New York Small Claims Court Help service:
Provides the correct forms for your county
Walks you through filing step by step
Helps you prepare your evidence and arguments
Offers a Trial Prep Kit to boost your courtroom confidence
Resources – New York Small Claims Court
NY Courts – Small Claims Overview
https://www.nycourts.gov/courthelp/goingtocourt/smallclaims.shtml
NYC Civil Court – Small Claims
Brooklyn Small Claims (Kings County Civil Court)
Queens Small Claims (Queens County Civil Court)
Albany City Court – Small Claims
https://www.nycourts.gov/courts/3jd/albanycity/smallclaims.shtml
Buffalo City Court – Small Claims
https://ww2.nycourts.gov/courts/8jd/buffalo_city/smallclaims.shtml
Step 1
Answer a Few Simple Questions
Tell us what happened — who owes you, how much, and why. Our system guides you step-by-step with no legal jargon.
Step 2
We Draft Your New York Demand Letter
Using your answers, we instantly generate a professionally written, legally sound New York demand letter tailored to your situation.
Step 3
We Mail It for You
We print and mail the legal demand letter directly to the recipient via USPS — creating proof you attempted to resolve the matter before court.
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What’s the maximum I can sue for in New York small claims?
Up to $10,000 in NYC Civil Court; generally up to $5,000 in City Courts outside NYC; up to $3,000 in Town/Village Courts.
Where do I file my small claims case?
File where the defendant lives, works, or does business. In NYC, use the Civil Court; elsewhere, it’s usually City, Town, or Village Court.
Do I need a lawyer?
No. Small claims is designed for people to represent themselves. Attorneys are allowed in New York small claims, but most people proceed without one.
How long does the process take?
Typically 1–2 months to a hearing in NYC and 1–3 months elsewhere, depending on the court’s schedule.
How is the defendant served in New York?
In NYC, the court often serves by mail (and may require additional service if mail fails). Outside NYC, you may need certified mail, sheriff, process server, or personal service per the court’s rules.