Filing a Small Claims Case in New York

New York has no single small claims court. A claim is filed in one of four trial courts depending on where the defendant is located, and each forum uses closely parallel rules for the act of filing. This article walks through filing across the state: confirming the claim qualifies, choosing the right court, completing the statement of claim, paying the fee, and what the clerk does next. For the wider picture of how New York’s small claims courts work, including the hearing and appeal, start with the statewide overview.

Confirm the claim belongs in small claims

Small claims in every New York forum is limited to a request for money. A small claims court cannot order a person to do something, decide who owns real property, or grant any relief beyond a money judgment. The amount also has to fit the forum’s cap, and the cap depends on which court hears the case.

• The New York City Civil Court hears claims up to $10,000, under N.Y.C. Civ. Ct. Act § 1801.
• City courts outside New York City hear claims up to $5,000, under Uniform City Court Act § 1801.
• District courts in Nassau County and part of Suffolk County hear claims up to $5,000, under Uniform District Court Act § 1801.
• Town and village justice courts hear claims up to $3,000, under Uniform Justice Court Act § 1801.

Pick the court that matches the defendant

The claimant files in the court for the place where the defendant lives or, for a business, has an office or regular employment. For a defendant in any of the five boroughs of New York City, the case goes to the Small Claims Part of the New York City Civil Court, which hears claims up to $10,000 under N.Y.C. Civ. Ct. Act § 1801; suing in New York City small claims court covers that forum’s borough rules and proper-party limits in detail.

Outside the city, three forums divide the rest of the state. A defendant in an upstate city is sued in that city court under Uniform City Court Act § 1801. A defendant in Nassau County or one of the five western towns of Suffolk County (Babylon, Brookhaven, Huntington, Islip, and Smithtown) is sued in the District Court under Uniform District Court Act § 1801. A defendant who lives in a town or village everywhere else is sued in that town or village justice court under Uniform Justice Court Act § 1801.

Filing in the wrong court is a basis for the defendant to object, and a misfiled case can be dismissed. The dismissal is usually without prejudice, so the claim can be refiled in the correct court, but the filing fee and the time already spent are not recovered. The New York Attorney General’s Guide to Small Claims Court explains how to identify the right forum for a given defendant.

Complete the statement of claim

A small claims case starts with a one-page form, the statement of claim, available from the clerk’s office in the proper court. The form asks who is suing, who is being sued, how much, and why. Naming the defendant correctly is the part that trips up the most filings, because a judgment is only collectible if the name on it matches the name on the defendant’s bank account, wages, or business records.

1. Name the defendant by exact legal name

   Use the defendant’s full legal name and a current address. For a business, the legal name can differ from the storefront name. The certificate of doing business or the entity’s record with the New York Department of State shows the legal name, and a copy can be brought to the clerk.

2. State the amount and the reason

   Give the dollar figure and a short, specific description of why the money is owed, with the relevant dates. A line naming a sum for a security deposit that was not returned after a lease ended is clearer than a vague phrase like “money owed.”

3. Keep the amount within the court's cap

   The amount requested has to fall within the forum’s limit described above. A larger claim can still proceed, but only if the claimant waives the part over the cap, which is then permanently given up.

Pay the filing fee

The filing fee is the same across the four forums. As of 2026, it is $15 for a claim of $1,000 or less and $20 for a claim over $1,000, set for the New York City Civil Court by N.Y.C. Civ. Ct. Act § 1803 and by parallel sections in the city, district, and justice court acts. Payment is by cash, money order, or certified check, and many clerks’ offices also accept a credit card; personal checks are usually not accepted, as the New York Attorney General’s Guide to Small Claims Court explains.

An employee suing for unpaid wages does not pay a filing fee, though mailing costs still apply, under N.Y.C. Civ. Ct. Act § 1803. A claimant who cannot afford the fee can ask the court to waive it as a poor person, an application the clerk’s office reviews based on income.

What the clerk does next: notice and a hearing date

In New York small claims, the clerk handles service, not the claimant. After the form is filed and the fee paid, the clerk mails the notice of claim to the defendant by both certified mail with return receipt requested and ordinary first-class mail, under N.Y.C. Civ. Ct. Act § 1803. If the first-class mailing is not returned as undeliverable within 21 days of the mailing, the defendant is presumed to have received notice, even when the certified-mail receipt is never signed.

The clerk also assigns a hearing date when the case is filed. The hearing is usually scheduled four to eight weeks out, according to the Attorney General’s small claims guide. If both mailings come back undeliverable, the case does not move forward until the defendant can be reached, and the clerk explains how to arrange personal delivery by someone at least 18 years old who is not a party to the case.

After you file: the hearing, default, and collecting

Between filing and the hearing, both sides gather documents and decide whether to settle. A defendant who wants to bring a related claim can file a counterclaim with the clerk within five days of receiving the notice, paying a $5 fee plus mailing costs, under N.Y.C. Civ. Ct. Act § 1803.

If the defendant was properly served but does not appear at the hearing, the court can enter a default judgment for the claimant, who still has to prove the claim with evidence. If the claimant does not appear, the case is usually dismissed. Winning is separate from collecting. A judgment the losing side does not pay voluntarily is enforced through the civil collection process, which can include an information subpoena to locate assets, a property execution against a bank account, and wage garnishment through an income execution. The Attorney General’s guide describes these enforcement tools and the role of the sheriff or a city marshal.