Small claims in New York.
New York's small claims courts offer a straightforward process for resolving monetary disputes up to $10,000, with varying limits based on court jurisdiction.
- Most you can sue for$10,000Limit varies by court: $10,000 in NYC Civil Court, $5,000 in City Courts outside NYC, $3,000 in Town and Village Courts.
- Filing fee$15-$20$15 for claims up to $1,000; $20 for claims over $1,000.
- CourtSmall Claims Part of Civil CourtVaries by location: Civil Court in NYC, City Courts outside NYC, Town/Village Courts.
- Lawyers at trialAllowedPermitted but not required; small claims court is designed for self-representation.
- Appeal window30 daysMust file a notice of appeal within 30 days of judgment.
- Recent change—No major changes in the past three years.
Find your situation.
New York small claims handles money disputes up to $10,000 (or $10,000 if you're a business). Browse 7 categories and 39 specific claim types below.
New York allows you to file claims for breaches of contract and money owed, with a statute of limitations of 6 years for written contracts and 6 years for oral contracts.
Wrong court for these10 situations small claims can’t handle
Eviction (unlawful detainer)
Small Claims Court cannot grant possession of property; eviction proceedings must be filed in Housing Court.
Try instead: Housing Court
Defamation (libel and slander)
Claims for defamation are not permitted in Small Claims Court as they do not involve monetary damages only.
Try instead: Supreme Court
Malpractice
Professional malpractice claims exceed the jurisdiction of Small Claims Court due to complexity and potential damages.
Try instead: Supreme Court
Family law matters
Issues like divorce, child support, and custody are outside the jurisdiction of Small Claims Court.
Try instead: Family Court
Claims against the federal government
Small Claims Court lacks jurisdiction over federal entities; such claims must be filed in federal court.
Try instead: Federal Court
Class actions
Class action lawsuits are beyond the scope of Small Claims Court and must be filed in a higher court.
Try instead: Supreme Court
Injunctions and specific performance
Small Claims Court can only award monetary damages, not compel actions or inactions.
Try instead: Supreme Court
Title to real estate
Disputes involving property ownership are too complex for Small Claims Court.
Try instead: Supreme Court
Probate matters
Issues related to wills and estates are handled by Surrogate's Court, not Small Claims Court.
Try instead: Surrogate's Court
Workers' compensation claims
Claims for workplace injuries are under the jurisdiction of the Workers' Compensation Board.
Try instead: Workers' Compensation Board
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can often resolve disputes without court intervention and serves as evidence of your attempt to settle.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, starting the statute of limitations when the fraud is discovered.
File your case
File at the Small Claims Part of the Civil Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fees and reasonable service costs are added to the judgment against the defendant.
E-filing in New York: Electronic filing is not currently available for Small Claims Court in New York.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 15 days before the hearing (in the same county) or 20 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Certified mail by court clerk. The court attempts to serve the defendant by sending the notice via certified mail.
- Personal service by process server. A professional process server delivers the notice directly to the defendant.
- Personal service by sheriff. The sheriff's office delivers the notice to the defendant.
File the proof of service (SC-2) at least 5 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located, you may request permission from the court for alternative service methods.
If the defendant is evading service, document your attempts and request alternative service from the court.
Show up to the hearing
Informal bench trial, typically lasting 15-30 minutes.
Lawyers at trial: Allowed. Parties may be represented by attorneys, but it is not required.
When you’ll get the decision: On the spot or mailed within 30 days.
What to bring
- Contracts
- Receipts
- Photographs
- Witnesses
If the defendant doesn’t show up
If the defendant fails to appear, the court may grant a default judgment in favor of the plaintiff.
You still have to prove your case. Even if the defendant defaults, the plaintiff must provide evidence to support the claim.
If you’re the defendant being sued
Defendants are not required to file a written answer but must appear in court on the hearing date.
Counter-suing the plaintiff: Allowed using SC-3 (Notice of Counterclaim). Serve the plaintiff at least 5 days before trial (same county) or 10 days (out of county).
Counterclaim bigger than the cap? If the counterclaim exceeds the small claims limit, the case may be transferred to a higher court. N.Y. C.P.L.R. § 325(d)
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 30 days to pay. Judgments accrue 9% interest per year while unpaid.
Wage garnishment
Have a portion of the debtor's wages withheld until the judgment is paid.
How it works
File an income execution with the court, serve it on the debtor's employer, and the employer will withhold a portion of the debtor's wages to satisfy the judgment.
Cost: $30 plus service fees
Notes: Effective if the debtor is employed and earns above the exemption threshold.
What’s protected:
- 90% of earnings or 30 times the minimum wage per week, whichever is greater.
Bank levy
Seize funds from the debtor's bank account to satisfy the judgment.
How it works
Obtain a restraining notice and levy from the court, serve it on the debtor's bank, and the bank will freeze and turn over funds to satisfy the judgment.
Cost: $30 plus service fees
Notes: Effective if the debtor has sufficient funds in the account.
What’s protected:
- $2,640 in a bank account is exempt from levy.
Property lien
Place a lien on the debtor's real property to secure the judgment.
How it works
File a transcript of judgment with the county clerk where the debtor owns property, creating a lien that must be satisfied upon sale or refinancing.
Cost: $6 filing fee
Notes: Effective if the debtor owns real property and intends to sell or refinance.
What’s protected:
- Homestead exemption up to $150,000 in NYC.
Writ of execution
Seize and sell the debtor's non-exempt personal property to satisfy the judgment.
How it works
Obtain a writ of execution from the court, have the sheriff seize non-exempt property, and sell it at auction to satisfy the judgment.
Cost: $30 plus sheriff's fees
Notes: Effective if the debtor owns valuable non-exempt personal property.
What’s protected:
- Personal property exemptions vary; consult state statutes.
Multiple creditors? Priority rules.
Judgment liens are prioritized by filing date; earlier liens have higher priority.
Can you appeal if you lose?
either
- Deadline: 30 days from the judgment notice.
- Filing fee: $30.
- Form: SC-5 — Notice of Appeal.
- Type: On the record — the higher court reviews the existing trial record.
The appellate court reviews the record for legal errors; no new evidence is considered.
Local rules that matter.
State law sets the rules. Each county handles small claims a little differently.
New York City
- Monetary limit: Small Claims Court in NYC has a monetary limit of $10,000.
Nassau County
- Monetary limit: Small Claims Court in Nassau County has a monetary limit of $5,000.
Suffolk County
- Monetary limit: Small Claims Court in Suffolk County has a monetary limit of $5,000.
Town and Village Courts
- Monetary limit: Town and Village Courts have a monetary limit of $3,000.
Why cases get dismissed.
Incorrect defendant information
What goes wrong: If you sue the wrong party or use incorrect information, your case may be dismissed or the judgment unenforceable.
How to avoid it: Verify the defendant's legal name and address before filing; for businesses, check the Department of State's records.
Exceeding monetary limits
What goes wrong: Filing a claim exceeding the court's monetary limit can result in dismissal or the need to waive the excess amount.
How to avoid it: Ensure your claim amount is within the appropriate limit for the court where you're filing.
Missing statute of limitations
What goes wrong: Filing after the statute of limitations has expired will lead to dismissal of your case.
How to avoid it: Confirm the applicable statute of limitations for your claim type before filing.
Improper service of process
What goes wrong: If the defendant isn't properly served, the court may not hear your case.
How to avoid it: Follow the court's rules for serving the defendant, and ensure proof of service is filed.
Lack of evidence
What goes wrong: Without sufficient evidence, you may lose your case even if you're in the right.
How to avoid it: Gather all relevant documents, photos, and witness statements before the hearing.
Ignoring counterclaims
What goes wrong: If the defendant files a counterclaim and you don't prepare, you could owe them money.
How to avoid it: Review any counterclaims carefully and prepare your defense accordingly.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources3 citations and statutes
- New York State Unified Court System — Small Claims HandbookN.Y. C.P.L.R. § 1801
- New York CourtHelp — Small Claims
- N.Y. C.P.L.R. § 1801 (Small Claims Jurisdiction)N.Y. C.P.L.R. § 1801
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.