New York Small Claims Court Process

Last Updated: January 2, 2023 by Ashley Porter

Small Claims Court Basics in New York

Small Claims Court is an informal court designed for minor cases limited to a maximum claim amount. The plaintiff and defendant present their case to the judge, who makes a decision, unless either party requests a jury trial. In some courts, a volunteer arbitrator may serve the role of judge.

Small Claims Court has many different names depending on the location in the state.

• Within New York City – New York City Small Claims Court
• In any other city – City Court
• Outside of a city – Town Court or Village Court, which are collectively referred to as Justice Courts

In New York, small claims cases can only be filed by individuals. A small claims case for a business entity like a corporation, partnership, or LLC must be filed as a commercial small claims case and different rules apply.

Common suits filed by landlords include:

• Recovery of unpaid rent
• Damages that exceed the amount of the security deposit
• Failure to uphold the responsibilities of the rental agreement
• Early termination of a lease

Common suits filed by tenants include:

• Failure to return the security deposit correctly
• Failure to uphold the responsibilities of the rental agreement
• Overcharging for damages

How Much Can You Sue For in Small Claims Court in New York?

In New York City, the maximum amount that can be recovered through Small Claims Court is $10,000.
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The maximum amount that can be recovered in the small claims division of a City or District Court is $5,000,
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and in a Town or Village Court, the maximum small claim amount is $3,000.
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To attempt to recover a higher amount, you can file a civil case in City Court or New York City Civil Court. The maximum claim amount in a civil case in City Court is $15,000
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and in New York City Civil Court the maximum is $50,000.
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How Long Do You Have to File a Small Claims Case in New York?

The time limit for filing a small claims case in New York is six years for a breach of a lease agreement,
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such as failure to properly return a security deposit, and three years for property damage.
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Are Lawyers Needed or Allowed in Small Claims Court in New York?

Small Claims Court is designed to be simple and not require an attorney. However, either party can be represented by an attorney if they so choose.

Where are Small Claims Cases Filed in New York?

Small claims cases in New York can be filed where the defendant lives, works, or has a place of business, or where the rental property is located. You can use the state Court Locator to generate a list of courts in your county.

New York City Civil Court: If the defendant lives, works, or has a place of business, or the rental property is located within New York City, you can file the case in New York City Civil Court.

District Court: If the defendant lives, works, or has a place of business, or the rental property is located within Nassau or Suffolk County, you can file the case in any District Court within that county, except in Riverhead, Southold, East Hampton, Southampton or Shelter Island, where cases must be filed in that Town Court.

City Court: If the defendant lives, works, or has a place of business, or the rental property is located in a city outside of New York City, you can file the case in any City Court within that county.

Town or Village Court:  If the defendant lives, works, or has a place of business, or the rental property is located in a town or village, you can file the case in that Town or Village Court.

How to File a Small Claims Case in New York

Step 1: File a Statement of Claim in person or by mail depending on which filing methods your local court allows. The different County Courts have their own Statements of Claim form, so check with your local court to obtain the correct documents and understand their filing procedures.

Step 2: Pay the filing fee. If you file in person, you will pay immediately after filing. If you file by mail, you will need to include payment for the filing fee. Check with your local court to determine what payment methods they allow.

How Much Does it Cost to File a Case in Small Claims Court in New York?

In New York, the filing fee for a small claims case ranges from $10 to $15
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if filing in Town or Village Court and $15 to $20
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if filing in District Court or City Court and depending on the claim amount:

• $1,000 or less (Town or Village Court) – $10
• $1,000.01 or more (Town or Village Court) – $15
• $1,000 or less (District Court or City Court) – $15
• $1,000.01 or more (District Court or City Court) – $20

What if You Can’t Afford to File a Case?

You can still file a case if you cannot afford the fees by filing a fee waiver. Check the court’s website or with the court clerk to obtain the form used by your local court.

Alternatively, you can utilize local dispute resolution centers, which are located in every county within the state and offer free mediation services that can be used instead of filing a small claims case.

Small Claims Court Process in New York

After filing a small claims case in New York, the court clerk serves the defendant and both parties prepare for the trial.

Step 1: The court clerk serves the defendant. After you have filed a small claims case, the court clerk will serve the defendant by first-class and certified mail. If the defendant cannot be served by mail, you can hire a professional process server.

Step 2: Gather evidence and witnesses. Gather all physical evidence you may have to support your case and ensure that any witnesses are available to attend the trial. For example, you may ask the apartment manager to serve as a witness of how clean you left the apartment after moving out.

You may need to subpoena a witness if you are unable to get them to attend voluntarily by serving the defendant a subpoena. Service on the defendant can be completed by process server, sheriff, or anyone over 18, except the plaintiff. It must be done at least two days before the trial.

Check the website for your local court to see if they have instructions for filing, like this subpoena guide for New York City Civil Court.

Step 3: Attend the trial. On the trial date, you should bring copies of any evidence you have to support your claim. The judge will give you and the defendant an opportunity to provide your arguments to the judge and the jury, if requested, before they decide to dismiss the case or issue a judgment.

Winning a Small Claims Judgment in New York

If you win the judgment in New York, the defendant may request a retrial or appeal the case, you may be paid the judgment within the allotted time period, or you may need to pursue additional actions to recover the debt.

If the defendant disagrees with the outcome of the trial, they have 30 days after they receive the judgment to file an appeal by filing a Notice of Appeal, except if the defendant receives the judgment by mail, they have 35 days to appeal. According to the New York Small Claims Handbook, small claims appeals are rarely successful.

If the trial was decided by a volunteer mediator, rather than a judge or jury, it cannot be appealed. Instead, any party can request a retrial before a judge by requesting a trial de novo.

Your court clerk can provide the correct form to file in these situations.

In the best case, the judgment debtor pays their debt promptly after the trial, but you may have to take further action to collect the debt.

If the debtor is delinquent on their payment or refuses to pay after the judgment was issued, there are several actions you can take to recover the debt.The most common methods of enforcing a judgment are wage garnishment, property lien, requesting suspension of their driver, professional or business license, or by hiring an enforcement officer.

If you would like to discover what assets the judgment debtor has that may be seized to pay the debt, you can use an Information Subpoena.

A judgment gains interest at a rate of 9% annually.
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You have 20 years to collect a judgment before it expires.
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