How does small claims court work in New York?
1. Jurisdictional Limit
N.Y.C. Civ. Ct. Act § 1801 caps NYC small claims at $10,000. The Uniform District Court Act § 1801 sets the same $10,000 limit for Nassau and Suffolk. Town and village courts under the Uniform Justice Court Act § 1801 are limited to $3,000-$5,000 depending on the locality.
2. Court Name
Small Claims Part of the New York City Civil Court, District Court, City Court, or Town/Village Justice Court.
3. Filing Fee
Filing fees are modest: $15 for claims up to $1,000, $20 for claims $1,000-$10,000. Indigent filers may apply for a fee waiver via a Poor Person Order under CPLR 1101.
4. Filing the Claim
File in the county or municipality where the defendant resides, works, or has a place of business (N.Y.C. Civ. Ct. Act § 1801-A). Service is by certified mail and first-class mail performed by the court clerk, not the plaintiff.
5. Defendant's Response
No formal written answer is required. Defendants appear on the hearing date and may file a counterclaim within the same dollar limit (§ 1805). Defaults are entered upon non-appearance.
6. Attorney Representation
Attorneys are permitted but uncommon at the small claims level. Corporations may sue/be sued in small claims (commercial claims division) and may appear through any authorized employee, not solely through counsel.
7. Hearing
Hearings are conducted with substantial justice as the standard under § 1804: the court "shall not be bound by statutory provisions or rules of practice, procedure, pleading or evidence." Many courts offer voluntary arbitration before an attorney-arbitrator whose decision is final.
8. Judgment & Collection
Appeals from a judge's decision go to the Appellate Term within 30 days (CPLR 5513); arbitration awards are generally non-appealable. Collection tools include income executions (CPLR 5231), bank restraining notices and levies (§ 5222), and property executions.
9. Statute of Limitations
Standard SOLs apply: 6 years for contracts (CPLR 213), 3 years for personal injury and property damage (CPLR 214), and 6 years for fraud (CPLR 213(8)).
This is legal information, not legal advice.
- Your claim exceeds $10,000 and you must file in Civil Court (up to $50,000) or Supreme Court
- You are deciding whether to choose the judge or accept the arbitrator, which determines appeal rights
- You need to collect on a judgment against a defendant with multiple bank accounts or out-of-state assets
- N.Y.C. Civ. Ct. Act §§ 1801-1814
- N.Y. Uniform Justice Court Act §§ 1801-1814
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.