What is the small claims limit in New York?

Question

Accepted Answer

New York small claims is divided across multiple courts depending on location.

1. Monetary Limit —

NYC Civil Court (5 boroughs): $10,000 under NYC Civil Court Act § 1801.

City courts outside NYC (e.g., Buffalo, Rochester): $10,000 under Uniform City Court Act § 1801.

Town and village courts: $5,000 under Uniform Justice Court Act § 1801.

District courts (Nassau, Suffolk parts): $5,000 under Uniform District Court Act § 1801.

2. Filing Fee — $15 for claims up to $1,000; $20 for claims $1,000-$10,000 (NYCCA § 1803). No fee waiver application needed for indigent litigants in many courts; ask the clerk.

3. Lawyers — Permitted but informal procedures apply. The court must conduct the hearing to "do substantial justice" (NYCCA § 1804). Corporations may sue but must be represented by an attorney except in NYC small claims, where an officer or employee may appear (§ 1809).

4. Statute of Limitations — CPLR Article 2 governs: 6 years for written contracts (CPLR § 213), 3 years for personal injury and property damage (CPLR § 214), 6 years for fraud (CPLR § 213).

5. Where to File — In the county/district where (a) defendant resides, (b) defendant has a place of business, or (c) defendant is employed (NYCCA § 1801).

6. Service — Court clerk serves the defendant by certified mail and ordinary first-class mail (NYCCA § 1803). If certified mail is returned undelivered, plaintiff may obtain personal service order.

7. Appeal Rights — Either party may appeal within 30 days to the Appellate Term (NYC and city courts) or County Court (town/village). Review is limited to whether substantial justice was done (NYCCA § 1807). The trial record (often a recording) is reviewed; no de novo trial.

This is legal information, not legal advice.