Suing in NYC Small Claims Court (New York City Civil Court)

The New York City Civil Court runs the busiest small claims forum in the state, with a $10,000 limit set by N.Y.C. Civ. Ct. Act § 1801, double the cap in the upstate city and district courts. This article covers the New York City rules: who is allowed to sue, which borough to file in, how the statement of claim and fee work, how the clerk handles service, and what the evening hearing looks like. For how the four New York forums compare, see the statewide overview of small claims in New York.

Who can sue and what NYC small claims covers

Small claims in the Civil Court is limited to claims for money. Under N.Y.C. Civ. Ct. Act § 1801, a small claim is a cause of action for money only not in excess of $10,000, exclusive of interest and costs. A claim that asks the court to order someone to do something, to decide ownership of property, or to undo a contract belongs in a different part of the court.

Two limits decide who can file. The claimant must be a natural person at least 18 years old; a parent or guardian files for a younger person. And the claimant must be an individual, not a business. Corporations, partnerships, associations, and assignees of a claim cannot sue in the Small Claims Part, though they can be sued there. A business that wants to bring a small money claim uses the separate Commercial Claims Part under N.Y.C. Civ. Ct. Act § 1809, which also bars insurers from suing in their own name or their insured’s name. The New York courts’ guide to starting a small claims case describes the proper-party rule with an example: the registered owner of a damaged car, not whoever was driving it, is the one who can sue for the damage.

Where to file: the right borough

The Civil Court has a small claims clerk’s office in each of the five boroughs: the Bronx, Brooklyn (Kings), Manhattan (New York), Queens, and Staten Island (Richmond). The claimant files in the proper county, which the statute and the court tie to where the parties are located.

A case can be brought in the county where either party resides. If no party resides within New York City, it can be filed in the county where either party has a place of employment or a business address. If the defendant has no residence, employment, or business address anywhere in the five boroughs, the case cannot be brought in NYC small claims at all, and it belongs in the court where the defendant can be reached. Getting the borough right matters because a defendant can raise improper venue, and a misfiled case can be dismissed, costing the filing fee and the time spent.

A claimant who lives outside New York City but wants to sue someone inside it can file by mail. The small claims clerk’s office in the county where the defendant lives, works, or does business supplies the form for a mail filing.

The statement of claim and the filing fee

A small claims case starts with a one-page statement of claim, completed at the clerk’s office in the proper borough. 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 useful if the name on it matches the name on the defendant’s bank account, wages, or business records.

1. Identify the defendant by exact legal name

   Use the defendant’s full legal name and address, including zip code. For a business, the legal name may differ from the storefront name. The certificate of doing business, on file at the County Clerk’s office in the county where the business operates, shows the legal name; a photocopy can be brought to the small claims clerk.

2. State the amount and the reason

   Give the dollar amount and a short, specific description of why it is owed. A claim built on dates and figures (“$2,400 for a security deposit not returned after the lease ended May 31, 2025”) is clearer than a general phrase like “money owed.”

3. Pay the filing fee

   The fee is $15 for a claim up to and including $1,000 and $20 for a claim over $1,000 up to $10,000, set by N.Y.C. Civ. Ct. Act § 1803. Payment is by cash, certified check, money order, or bank check payable to “Clerk of the Civil Court.” Personal checks are not accepted.

The same section, N.Y.C. Civ. Ct. Act § 1803, exempts an employee suing for unpaid wages from the filing fee, though the mailing cost still applies, and a claimant who cannot afford the $15 or $20 fee can ask the clerk about applying to have the fee waived as a poor person. After the form is filed and the fee paid, the clerk assigns a hearing date. There is currently no electronic filing for small claims in the Civil Court; the statement of claim is filed in person or, for an out-of-city claimant, by mail.

How the clerk serves the defendant

In NYC small claims, the clerk handles service, not the claimant. This is one of the features that makes the forum workable without a lawyer. Under N.Y.C. Civ. Ct. Act § 1803, the clerk mails the notice of claim to the defendant by both certified mail with return receipt requested and ordinary first-class mail.

Service turns on the first-class mailing. If the first-class notice is not returned by the post office as undeliverable within 21 days of the mailing, the defendant is presumed to have received notice, even if the certified-mail receipt never comes back signed. If both mailings fail because the defendant has moved or the address is wrong, the clerk sets a new hearing date and explains how to arrange personal delivery. Anyone who is 18 or older and not a party to the case can hand-deliver the notice; the claimant cannot serve it personally.

A defendant who wants to assert their own 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. A defendant who misses that window can still raise the counterclaim, but the claimant may ask for an adjournment to prepare.

The hearing: judge or arbitrator

Small claims hearings in the Civil Court are usually held in the evening, at 6:30 p.m. A claimant who is a senior citizen, a person with a disability, or someone who works nights can ask for a daytime hearing by showing proof such as a driver’s license, a doctor’s letter, or a letter from an employer.

The hearing is informal. Under N.Y.C. Civ. Ct. Act § 1804, the court is not bound by the statutory rules of evidence or procedure and decides the case under the rules of substantive law to reach a just result. The statute makes an itemized paid bill, or two itemized estimates for services or repairs, admissible as evidence of the reasonable value of the work. Both sides bring what supports the claim: photographs, a written agreement, receipts, canceled checks, the damaged item, or witnesses. A witness who will not appear voluntarily can be compelled by subpoena.

Many cases are heard not by a judge but by a volunteer arbitrator, an experienced attorney who serves without pay. The statute authorizes a hearing before “a judge or arbitrator.” Arbitration is by the parties’ consent, and the trade-off is on review: a decision reached through arbitration is generally final, while a judge’s decision can be challenged on the narrow ground described below. The clerk explains both options before the hearing.

Judgment, appeal, and collection

After the hearing, the decision is mailed to both parties. A defendant who was properly served but does not appear can have a default judgment entered against them, though the claimant still presents enough evidence to prove the claim. A claimant who does not appear usually has the case dismissed, generally without prejudice.

The right to appeal a small claims judgment is narrow. Under N.Y.C. Civ. Ct. Act § 1807, the person who brought the claim waives all right to appeal except on the single ground that “substantial justice has not been done between the parties according to the rules and principles of substantive law.” An appeal does not re-try the facts; it asks whether the outcome was fair under that standard.

Winning is separate from collecting. A judgment that the losing side does not pay is enforced through the civil collection process: an information subpoena to find the debtor’s assets, an income execution to garnish wages, or a property execution against a bank account, often carried out with a city marshal or the sheriff. A money judgment in New York is enforceable for 20 years.