Guide to Small Claims Court New York

Small claims courts were created to help everyday people resolve their legal disputes with other individuals or businesses affordably and efficiently. People can bring claims for up to $10,000, depending on which New York small claims court you sue in, for costs as low as $15. This article explains the small claims process, what a small claims hearing is like, and everything you need to file a small claims lawsuit. 

We provide products and services to help you navigate your New York small claims lawsuit. Explore how we can help.

Filing fees can be $0 if you apply and are eligible for a waiver of costs. 

Our clients often want to know if they can sue someone in New York small claims court. Generally, the answer is yes, as long as there isn't a better court to handle your lawsuit. For example, you can’t use a small claims court in New York to evict someone, as there is a special court for evictions called Housing Court. 

Here are common types of small claims lawsuits filed in New York:

• You entered into a contract with a contractor, and the contractor never performs under the contract. 

• Your landlord refuses to return your security deposit. 

• You take your car to a mechanic for repairs, and the mechanic damages your car. 

• A towing company damages your car while towing. 

• You own a small business in New York, and your clients refuse to pay their outstanding invoices. 

• You lend your roommate money, and they do not pay you back.

Also, in New York small claims courts, you cannot sue someone to force them to do something or return your property. For example, if a contractor damaged your front door while renovating your living room, you can sue for the amount of money it will cost to fix your front door, but you cannot sue the contractor to make them fix it. 

In New York, each small claims court operates a bit differently from the other. You can review our guides by court location below: 

Check back soon, as we are continually working on new guides for areas outside of NYC. 

We provide products and services to help you navigate your New York small claims lawsuit. Explore how we can help.

How much can I sue for in New York small claims? This will depend on the small claims “limit” for the court you are filing in. This limit can vary from county to county or even by court. 

In New York City, you can sue in small claims court for a maximum of $10,000 in all five NYC small claims courts. 

The limit outside of New York City will vary depending on what type of court you are filing in. Three types of courts handle small claims outside of New York City: 

The main difference between these three types of courts is the amount you can sue for. 

• In district and city courts, the maximum you can sue for is $5,000. 

• In town and village courts, the maximum amount you can sue for is $3,000.

What happens if I am owed more than the amount I can sue for in New York small claims court?

If the person you are filing a small claims lawsuit against owes you more money than the small claims limit, you may want to consider filing your lawsuit in another court. However, small claims courts are faster, more efficient, and more affordable than other types of courts. 

Also, you cannot file multiple smaller lawsuits to get around the claim limit. However, if you have multiple claims, you may be able to file two different lawsuits, one for each claim.

In general, taking someone to small claims isn't meant for you to come out winning more than what you are owed. There are exceptions when a specific law allows you to win more than what you are owed as a penalty to the person who broke the law. For example, if your landlord purposefully kept your security deposit, you may be able to win more than what your security deposit is worth. 

‍Here are some tips for calculating how much to sue for:

• Use receipts. For example, if someone scratched your car and you spent $1,000 getting your car fixed, you can use the receipt from the auto repair shop to prove your calculations.

• Use estimates. For example, if you hired a contractor to remodel your kitchen but none of the pipes work, get estimates from a plumber for how much it will cost to get them working properly. 

• Research the law. You may want to research to see if a law allows you to sue for more than what you are owed (sometimes called “punitive damages”). 

The costs of filing a New York small claims lawsuit depend on the courthouse you are filing in (review our guides by county).

The filing costs will also depend on whether you are suing as an individual or on behalf of a corporation, partnership, or association (known as commercial claims). For example, in New York City, if you are an individual suing another individual or business, then you will pay: 

•  $15 if you are suing for $1000 or less, and 

•  $20 if you are suing for more than $1000. 

If you are low-income and cannot afford to pay filing costs, you can apply for a waiver of your court fees: 

• You should call the court clerk’s office to file, as the requirements may vary from judge to judge. Generally, you must go to the courthouse to make a statement under oath.

• This procedure is called Poor Person Relief. 

We often see our clients use a cost v. benefit analysis when deciding whether to sue or not in a New York small claims court. 

Here is how some of our clients measure the cost vs. benefit of going to small claims:

• Cost. Spending $20 to get back $2,000 is very affordable.

• How soon will you find out whether you won? Most small claims hearings in New York are delayed, but as courts work through their backlog, hearings are scheduled faster. 

• Time spent. With our current court system, it is hard to know how long it will take you to file a lawsuit. You may have to go to court a few times, especially if you need more information or did something wrong. The good news is that with JusticeDirect, you can prepare and file your small claims lawsuit from home as we take care of the logistics. 

• Justice. For some, it isn't about the time or the money. It is about ensuring the other person understands that what they have done is wrong so they do not continue that pattern of behavior. 

The statute of limitations is a deadline that states by when you have to file your New York small claims lawsuit. For example, suing someone for property damage will have a different statute of limitations than suing someone for personal injury. The deadlines range between 3-6 years and are the same for a small claims lawsuit as for other types of lawsuits in New York. 

Review our guide on New York statute of limitations.

Here are some steps you can take before you file a New York small claims suit:

1. Consider sending a demand letter. 

2. Figure out where to file the lawsuit.

3. Determine who needs to sue (the "claimants").

4. Determine who you need to sue (the "defendants").

5. Ensure you have the information you need to prepare the small claims lawsuit.

Consider sending a demand letter

If you are an individual filing a small claims case, you are not required to send a demand letter before filing. However, by sending a demand letter, you can ask the other party to resolve the case before resorting to court. Here is a template for writing a demand letter before suing someone in small claims court.

Here are at least two good reasons to send a demand letter before filing a small claims lawsuit: 

1. Written demand letters signal to the person or business receiving it that you are serious about the problem and are willing to spend time and money to get your money or property back.

2. Sending a demand letter may lead to a resolution without paying court fees. 

Determine in which New York small claims court to file your lawsuit

Before going to your nearest small claims court to file your small claims lawsuit, take some time to figure out which court has "authority" over the other party. This is known as "jurisdiction."

To fill out the small claims forms, you must provide a New York address corresponding to where the other party lives, works, or has an office. For example, if you want to sue in a Westchester County small claims courthouse, the other party must have a Westchester, NY address corresponding to where they live, work, or have an office in Westchester County. 

This rule has some exceptions in landlord/tenant cases and others. 

Here are some questions our clients frequently ask us: 

• Why can't all courts have authority over the other party? Because this is what your elected officials decided was fair. The logic is that it isn't fair for someone without a connection to New York to be sued in New York.  

• What happens if I file in the wrong small claims court?  You may still be able to file your lawsuit, this will be up to the judge to decide. You may not find out until the hearing that you filed your lawsuit in the wrong court. This means the court may close your case, and you must refile in the right court. This is risky because if the court decides the statute of limitations has passed, you won't be able to win even if you file in the right court the second time.

Determine who needs to sue (the “claimants”)

In New York small claims, the person or business filing the lawsuit is normally called the claimant. Ask yourself, who is owed money? Anyone who is owed money should be included in the lawsuit.

‍When in doubt, it is better to include everyone who potentially is owed money and let the judge decide at the hearing. If a judge doesn't think someone should be included in the lawsuit, they will take that person off the lawsuit at the hearing and leave everyone else as part of it. Otherwise, a judge may have you refile the lawsuit.

Here are some common examples:

• You and your roommate gave your landlord a $3,000 security deposit. You both moved out, and your landlord has not returned the security deposit. You and your roommate are both owed the money, so the judge will want to ensure you are part of the lawsuit.

• You were driving your roommate’s car when another driver hit you. The car will cost $1,000 to fix. Your roommate, who is the registered owner, should be included in the lawsuit.

Determine who you need to sue (the “defendants”).

The person or business being sued is called the defendant. Ask yourself, who is responsible for what happened to me?

Here are some tips for determining who you need to sue:

• When in doubt, sue everyone you think is responsible and let the judge decide at the hearing. You don't want the judge to close your lawsuit because even though they think you are right, you didn't sue the right person or business.

• Security deposit lawsuits. In a security deposit case, do not make common mistakes like suing the property management company and not the landlord. You want to ensure you sue the person or business listed on your lease or rental agreement as they are holding on to your security deposit, plus anyone else you also think is responsible.

• Car accident lawsuits. You want to make sure to include the driver of the car responsible for hitting your car as well as the car's owner (if it is not the same person). 

Make sure to have the information you will need to prepare the small claims lawsuit

As you prepare to take someone to small claims, you want to make sure that you have the correct information for the person or business you are suing.

Suing an individual in small claims:

• You will need their full legal name and home, office, or work address.

• What happens if I don't have the address of the person I am suing? You will need to find this information before suing them. Try looking on Google or Linkedin, or consider having someone run a "Skip Trace" report that looks for their information on different databases.

Suing a business in small claims: 

• After reviewing thousands of small claims lawsuits, we know that suing a business in small claims is tricky. Most people don't spend the time figuring out the correct information to list on the lawsuit.

• You may want to narrow down a business’s official legal name before suing them in small claims in New York. What is an official legal name? This is the name the business has used to incorporate its business with a state. In reality, many businesses are not incorporated (they don't need to be), meaning you are suing an individual and not a business. For example, you paid ABC Architects to design your new home. ABC Architects never performed services for you, so you sue them in small claims. First, you must determine whether ABC Architects is a corporation, LLC, or an individual using ABC Architects.

• Many businesses also use a name other than their official legal name. This is called an “assumed name,” "dba," a "fictitious business name,” or “trade name.” 

• Once you have determined the official legal name, you can sue the correct business and serve the correct person on behalf of the business. This is important because you don’t want problems collecting a money judgment later.

Here are the 4 steps to taking someone to small claims court in New York:

1. Prepare the lawsuit

2. File the lawsuit

3. Serve the lawsuit

4. Prepare for the hearing

We break down each one of these steps below.

Preparing your New York small claims lawsuit

To prepare your New York small claims lawsuit, you must fill out the correct forms provided by the court. In New York, each court has different small claims forms.

Make sure you are using the correct form. For example, if you are suing on behalf of a corporation, partnership, or association, you are filing a commercial claim, which sometimes requires you to fill out different forms than if you were suing as an individual.

Filing your small claims lawsuit

Most courts in New York DO NOT accept online filing of small claims lawsuits.

Also, make sure to double-check how the court accepts payments. Most New York small claims courts accept cash, credit cards, or money orders, but they may not take other forms of payment. 

How to serve your New York small claims lawsuit

Once you file your claim with the small claims court clerk, it is up to the clerk to notify the other party that they have been sued (this is called “serving”). The court will serve the lawsuit by mailing the documents to the other party. 

If the mail is returned to the court as undelivered, you can use a friend or a registered process server to serve the lawsuit. You must call the court to determine if your lawsuit has been properly served. 

How to prepare to win your New York small claims hearing

To prepare to win your New York small claims lawsuit:

• Research the law. Reading up on the law supporting your claim is good practice. At this stage, you can consult an attorney if you would like. For example, if you are suing a towing company but do not know the general towing laws of New York, it will be beneficial for you to look up the laws that apply to your circumstances. 

• Prepare your evidence. Make sure to collect and organize all potential evidence that can be used to support your claim; it is your responsibility to prove to the judge why and how much the other party owes you. This can include invoices, contracts, receipts, etc. For example, if you are a small business owner suing a client for unpaid invoices, include the invoice in question. Also, include any correspondence you have had with your client about the situation. 

• Prepare what you will say. The judge will first ask the person who filed the lawsuit to tell them why they are suing. The judge will then ask the person being sued their side of the story. 

• Bring multiple copies of your evidence. You should bring at least three copies of your evidence. One copy for you, one for the judge, and one for the other party.

We have a complete guide to preparing for small claims court.

The New York State Unified Court System provides a number of ADA accommodations and other reasonable accommodations for those who need assistance while pursuing their case in court.

• If you or a witness do not speak English well, you can tell the clerk when you file your lawsuit, and they will assign an official interpreter to your case.

• If you need accommodations for a disability, each court has different policies. To find out what can be done for you, make sure to call the court.

Yes. You can have a lawyer assist you and represent you in court. This decision is up to you, and although getting a lawyer seems obvious, it is important to note that legal fees can quickly add up. This shouldn’t discourage you from proceeding with small claims on your own. 

Consider that just like you have the choice to hire a lawyer, the other party in your case does as well. If both parties decide to have a lawyer represent them, the judge can move the case from small claims to civil court, which may be more difficult to navigate than small claims court.

Review our guide on how to find a small claims lawyer in New York.

Other options are available if you do not wish to file a New York small claims lawsuit. 

Consider filing a Government Complaint

In New York, several government agencies handle consumer complaints against companies or individuals. Below are some of the main government agencies that handle complaints. 

Review our complete guide to filing a complaint against a business in New York.

New York Attorney General 

The New York Attorney General is the chief legal officer of the state of New York. The office of the Attorney General handles complaints across the state with regional branches across New York. Remember that the New York attorney general won’t represent you in court but will take up a lawsuit when many New York residents complain about a similar situation.  

The New York Attorney General’s website also has a comprehensive list of other agencies in New York that handle complaints. To search this list, use the link here. 

Learn how to file a complaint with the New York Attorney General.

New York Department of State Division of Consumer Protection

The New York Department of State Division of Consumer Protection protects consumers in New York in many ways. One of the most important roles of the Division of Consumer Protection is to help consumers settle disputes against businesses through their complaint process. 

To file a complaint with the Division of Consumer Protection: 

• Go to the Division of Consumer Protection website.

• File your complaint online. 

• The Division of Consumer Protection Consumer Assistance Hotline also handles complaints over the phone at (800) 697-1220. 

You can also fill out the printable consumer complaint form and submit your form via U.S. mail to:

New York State Department of State

Division of Consumer Protection

Consumer Assistance Unit

99 Washington Avenue

Albany, New York 12231-0001

New York City Department of Consumer and Worker Protection 

The New York Department of Consumer and Worker Protection (formerly the Department of Consumer Affairs (DCA)) is a department of New York City that regulates over 51,000 businesses. The DCWP is mainly responsible for enforcing fair business practices and empowering citizens to help them make informed decisions about the New York City marketplace.

To file a complaint with the DCWP:

• go to the DCWP website and file your complaint online by registering an account with the city of New York. 

• If you do not want to register, you can submit a complaint at 311 Online. 

If you want to mail your complaint print out the complaint form and submit TWO copies of the completed form and related documents (e.g., store receipts, warranties, contracts, etc.) to the following address: 

NYC Department of Consumer and Worker Protection

Consumer Services Division

42 Broadway, 9th Floor

New York, NY 10004

Review our guide on how to file a NYC consumer complaint. 

New York Department of Financial Services 

The New York Department of Financial Services (DFS) supervises and regulates nearly 3,000 financial institutions, including insurance companies, state banks, credit unions, virtual currency companies, and others.

To file a complaint with the DFS, go to the DFS website and file your complaint online using the DFS portal.
If you would rather mail your complaint, print and fill out the consumer complaint form and submit the form to either of the following addresses: 

Department of Financial Services

Consumer Assistance Unit, 1 State Street

New York, NY 10004 

Department of Financial Services

Consumer Assistance Unit, 1 Commerce Plaza

Albany, NY 12257

New York Department of Education Office of the Professions

The New York Department of Education Office of the Professions is the government agency that regulates more than 50 professions and nearly 1 million practitioners. To file a complaint against licensed individuals in New York (i.e., accountants, veterinarians, engineers): 

• Go to the NY Department of Education Office of the Professions website. 

• Fill out the Professional Discipline Complaint Form. 

Mediation 

In New York, mediation is another option you have outside of small claims. 

How does the mediation process work? 

• Mediation is used to help parties reach a mutually agreeable solution or settlement. It allows the parties to communicate with each other while the mediator facilitates the conversation. 

• The mediator is not there to decide on your case. You and the other party can come to a settlement only if you wish to. 

• The settlement can be for the same amount of money being claimed and involve other non-monetary agreements between the parties. For example, in Dutchess County's small claims court, the court can’t force someone to give you back your property. So if you would like this, you can make it a settlement term. 

• New York small claims courts offer free mediation for certain cases. Check with the courthouse you are filing with to see if your case can be mediated.  

• You can bring any evidence you have to the mediation. This is so the mediator can better understand your case, and the other party can see why you brought a case against them and why they owe you money. 

• You don’t need to go before the judge if you reach a settlement agreement. 

• If you do not settle during mediation, don’t worry! You can continue with your court hearing in front of a judge.

We provide products and services to help you navigate your New York small claims lawsuit. Explore how we can help.