How New York Small Claims Courts Work

New York handles small claims through several different courts rather than a single statewide small claims court. Which court hears a case depends on where the defendant lives or does business, and each forum has its own dollar limit, filing routine, and local rules. This reference covers the four small claims forums in the state, the statutes that set the rules, the filing process at a high level, and how the hearing and judgment work. The articles linked at the bottom go deeper on each specific procedure.

How small claims fits into the New York court system

New York does not run a unified small claims court. Instead, the small claims part is built into four trial-level courts, each governed by its own statute but using closely parallel rules. The court a claim belongs in depends on the defendant’s residence or place of business.

The New York City Civil Court hears small claims for defendants located in the five boroughs of New York City. Outside the city, city courts (there are about 60 of them in cities like Buffalo, Rochester, Syracuse, and Albany) handle small claims for defendants in their geographic boundaries. In Nassau County and the five western towns of Suffolk County, the District Courts hear small claims. Everywhere else outside cities, in towns and villages, the local justice court handles small claims.

Each forum has a different maximum claim amount but uses the same general procedural structure: a simple form, a small filing fee, clerk-mailed notice to the defendant, an informal hearing without juries, and the option for the defendant to ask for a transfer to a regular civil docket in some circumstances. The differences between the forums matter most for jurisdictional limits, filing-fee handling, and how local rules implement the basics.

Which court hears your case

The claimant files in the court that covers the defendant’s residence (or, for businesses, the place of business or employment). Filing in the wrong forum can result in the case being dismissed without prejudice or, in some forums, transferred.

For an individual defendant who lives in any of the five boroughs of New York City (the Bronx, Brooklyn, Manhattan, Queens, or Staten Island), small claims is filed in the small claims part of the New York City Civil Court. The borough courthouse for that defendant is the right venue. The NYC Civil Court Act governs the procedure, with the small claims article codified at NYCCA Article 18.

For a defendant who lives or does business in a city outside New York City, the case goes to that city court’s small claims part. About 60 city courts cover cities across the state, and they operate under the Uniform City Court Act.

Defendants who live in towns or villages, which is most of the state by geography, are sued in that town or village’s justice court. The justice courts are presided over by elected town or village justices, who are not required to be lawyers. The small claims rules for these courts appear in UJCA § 1801 and the surrounding sections.

The District Courts handle small claims for defendants in Nassau County and the five western towns of Suffolk County (Babylon, Brookhaven, Huntington, Islip, and Smithtown). They operate under the Uniform District Court Act.

A claimant who files against the wrong court will normally have the filing rejected by the clerk, or the defendant can move to dismiss for improper venue. The dismissal does not block re-filing in the correct court, but the filing fee and any time invested are not recovered.

What you can sue for and the dollar limits

Small claims in every New York forum is restricted to claims for money damages. A small claims court cannot order someone to do something (an injunction), cannot decide title to real property, and cannot grant an annulment or any other relief that goes beyond a money judgment.

The dollar limit depends on the forum:

• NYC Civil Court: $10,000, under NYCCA § 1801. The cap rose from $5,000 to $10,000 effective 2023.
• City courts (outside NYC): $5,000, under UCCA § 1801.
• District courts (Nassau and parts of Suffolk): $5,000, under UDCA § 1801.
• Town and village justice courts: $3,000, under UJCA § 1801.

Commercial claims (claims brought by businesses against individuals or other businesses) are subject to slightly different rules and lower caps in some forums, and businesses that bring more than a certain number of claims per month can be subject to a “frequent litigant” surcharge in some courts. Consumer claimants (an individual suing for a personal claim) are not subject to the volume limits.

Cases that involve title to real estate, defamation, false arrest, malicious prosecution, or anything other than a money claim must go to a different docket. Claims against the State of New York must be filed in the New York Court of Claims and are not heard in any small claims part.

Filing the claim and paying the fee

Filing a small claim begins with a one-page statement of claim form. The exact form name varies by court: for the NYC Civil Court it’s the Statement of Claim, and for the upstate city, district, and justice courts the form is similar in content. The form asks for the claimant’s name and address, the defendant’s name and address, the amount of the claim, and a short description of why the defendant owes the money.

Filing fees are set by statute and have not been changed in many years. The current schedule is listed on the NYC Civil Court fee schedule and the parallel pages for upstate forums. As of 2026:

• $15 for claims of $1,000 or less
• $20 for claims over $1,000

The fee is paid by cash, money order, certified check, or (at many clerks’ offices) credit card. Personal checks are typically not accepted. A claimant who cannot afford the fee can apply for a fee waiver based on income; the clerk’s office has the application form and reviews eligibility.

After the form is filed and the fee is paid, the clerk assigns the case a docket number and sets a hearing date. The hearing is typically scheduled four to eight weeks out, depending on the calendar.

Notice and service on the defendant

The clerk, not the claimant, handles service of the notice of claim in every New York small claims forum. This is one of the procedural shortcuts that makes small claims work for parties without lawyers, and it is a meaningful departure from regular civil practice.

After filing, the clerk mails the notice to the defendant by both certified mail (return receipt requested) and ordinary first-class mail. If the certified mail is returned undelivered but the first-class mail is not, service is deemed complete; if both come back undelivered, the case cannot proceed and the claimant has options for additional service attempts.

Special rules apply to defendants who are out of state, who are corporations, or who cannot be located at the address provided. A corporation must be served at the address on file with the New York Department of State, and a non-resident defendant must have meaningful contact with New York for the small claims court to have jurisdiction at all.

If the clerk-mailed notice fails (both mailings returned), the claimant typically receives notice and can request that the court allow personal service or take other steps. The case stays open during this process but does not move to a hearing until service is complete.

The hearing, the judgment, and after

Small claims hearings in New York are informal. The judge (or, in town and village justice courts, the town or village justice) hears each side describe what happened, looks at any documents or photos the parties brought, and asks questions. Strict rules of evidence do not apply. The hearing usually takes 15 to 30 minutes per case.

A defendant who fails to appear after being properly served can face a default judgment for the claimant, but the claimant still has to present enough evidence to support the claim. A claimant who fails to appear typically has the case dismissed; the dismissal is usually without prejudice, meaning the case can be refiled.

A defendant in some New York small claims forums has the right to demand a jury trial by filing a written demand and posting a small jury fee within a short window after being served. A jury demand moves the case out of the small claims part and into the regular civil part of the same court. Few defendants exercise this right, but the option exists.

The judgment is mailed to both parties after the hearing. A losing defendant who does not pay voluntarily can be subject to enforcement steps that include income execution (wage garnishment), property executions, and information subpoenas to identify assets. Collecting on a judgment is a separate process from winning it, and not every judgment is collectable in practice.

Either party can appeal a small claims judgment, but the standard of review is narrow. Under NYCCA § 1807 and parallel sections, the appeal court only overturns a small claims judgment if “substantial justice has not been done.” The appeal is filed with the appropriate appellate term or county court within 30 days of service of the notice of judgment.

What varies across the four forums

The basic structure (small money claim, simple form, clerk-mailed service, informal hearing, narrow appeal) is consistent across all four New York small claims forums. The differences are around the edges.

Local court rules govern things like evening hearing availability, the exact form to use, whether the clerk accepts credit cards, how to schedule an interpreter, and how electronic filing works (where it’s available). The NYC Civil Court has the most developed self-help resources and accepts a wider range of filing methods. Town and village justice courts tend to have the most limited hours (often only an evening or two per week) and the fewest staff.

Lawyer representation is allowed in all New York small claims forums. Unlike California, New York does not bar attorneys from appearing at the hearing. Most claimants and defendants nonetheless appear without lawyers, because the dollar amounts at stake usually do not justify the cost of representation. Corporations and other organizations are typically required to appear through an officer, employee, or attorney; they cannot send any non-lawyer agent.

The New York courts’ CourtHelp guide to small claims explains the version of these rules that applies in each forum, and the court clerk’s office is the authoritative source on local practice for any individual courthouse.