Small Claims Court in New York: How to File, Limits, Fees, and Collection

A practical filing-to-collection guide for New York consumers and small businesses, from filling out the claim form to collecting on the judgment.

1. What is small claims court in New York?

Small claims court in New York is the Small Claims Part of the local trial court. It hears civil money disputes up to $10,000 in New York City and lower caps elsewhere. Attorneys are allowed on both sides. The process is informal and built for people without lawyers. Most cases reach a hearing about 30 days after filing.

The Small Claims Part is not a separate building. It's a special track inside the Civil Court of the City of New York (for the five boroughs), and inside City Courts, District Courts (Nassau and Suffolk), and Town & Village Justice Courts everywhere else. The clerk handles a lot of the work for you, including the first mailing to the defendant.

Hearings are often held in the evening in NYC so working people can show up. In NYC, your case will usually be sent to a volunteer arbitrator first unless you ask for a judge. That choice matters: an arbitrator's decision is binding and you cannot appeal it.

Which court hears small claims cases in New York?

The court that hears small claims cases in New York depends on where you are. In the five boroughs, it's the Civil Court of the City of New York, Small Claims Part, with a $10,000 cap (CCA §1801). In other cities (Buffalo, Rochester, Yonkers, etc.) and in Nassau and Suffolk District Courts, the cap is $5,000 (UCCA §1801). In Town & Village Justice Courts, the cap is $3,000.

How small claims differs from the regular civil docket

Small claims differs from the regular civil docket in four ways. First, the dollar cap is low ($3,000 to $10,000 depending on court). Second, the rules of evidence are relaxed, so hearsay is often admitted if it's reliable. Third, the clerk arranges the first attempt at service by mail, so you don't have to hire a process server up front. Fourth, businesses (corporations, LLCs, partnerships) cannot use the regular Small Claims Part to sue. They must use the Commercial Claims Part instead.

Is small claims court the right forum for your case?

Small claims is the right forum if you want money (not a court order to do something), your claim is at or below the cap for your court, and the defendant is not the State of New York. It's the wrong forum if you want to evict a tenant, get a divorce, force someone to perform a contract, or sue for an injury that will need expert testimony and a big damages award. For those, you need housing court, family court, the Court of Claims, or the regular civil part.

2. Should you file in New York small claims?

You can file in New York small claims if (1) your claim is for money, (2) the amount is at or below your court's cap ($10,000 in NYC, $5,000 in city/district courts outside NYC, $3,000 in town/village courts), (3) the claim type isn't excluded (evictions, family law, equitable relief, claims against the State), (4) venue is proper in New York, and (5) you're a natural person, not a corporation or assignee.

There's also a filing cap: no plaintiff can file more than five small claims petitions in a single calendar month statewide. This stops debt buyers and serial filers from clogging the system.

Cases small claims can hear in New York

Cases small claims can hear in New York include unpaid invoices, unreturned security deposits, property damage (a neighbor's tree, a car ding), breach of a small contract, consumer disputes (defective goods, bad repairs), unpaid wages under the small-claims cap, dishonored checks, and unjust enrichment claims. The case has to be about money. You cannot ask the judge to order the defendant to do something specific (no injunctions, no specific performance).

Cases small claims cannot hear in New York

Cases small claims cannot hear in New York include evictions and other landlord-tenant possession claims (those go to housing court), divorce and custody (Family Court or Supreme Court), probate and estates (Surrogate's Court), claims against the State of New York (Court of Claims), no-fault auto insurance (PIP) disputes (mandatory arbitration), workers' compensation claims (Workers' Comp Board), class actions, and any case asking for an injunction, declaratory judgment, or specific performance. Federal-exclusive matters like patent and bankruptcy disputes also can't be filed here.

Who can sue and who can be sued?

Anyone who sues or is sued in New York small claims must be 18 or older and mentally competent. Only natural persons and sole proprietors can sue in the regular Small Claims Part. Corporations, LLCs, partnerships, assignees, and debt buyers are barred. Businesses that want to sue must use the Commercial Claims Part on form CIV-SC-70 instead.

You can sue an individual, a business, a city, or a county. You cannot sue the State of New York in small claims. Unlicensed contractors in trades that require a license may be barred from suing to collect their fees, even if the work was done.

What if you signed a contract with an arbitration clause?

If you signed a contract with an arbitration clause, a New York court will usually stay the small claims case and send the dispute to arbitration under CPLR Article 75 or the Federal Arbitration Act. Many consumer contracts now include a small-claims carve-out that says either party can still use small claims court. Read your contract. If there's a carve-out, file your case as usual. If there isn't, expect the defendant to move to compel arbitration.

3. How long do you have to sue? Statute of limitations in New York

In New York, you generally have 6 years to sue on a written or oral contract, 3 years for property damage, 3 years for personal injury, and 1 year for defamation. The clock usually starts on the date of breach or injury. For fraud, you get 6 years from the act or 2 years from discovery, whichever is later. Miss the deadline and the case will be dismissed.

When the clock pauses or resets in New York

The New York limitations clock pauses or resets in a few situations. It pauses while the defendant is out of state or in hiding. It pauses for plaintiffs who are minors or mentally incapacitated (called infancy or insanity tolling). For fraud, the clock can be extended by the discovery rule: 2 years from when you found out, capped at 6 years total. Equitable tolling applies if the defendant actively concealed the wrong.

Partial payments or written acknowledgments of a non-consumer debt generally restart the clock if made within the original limitations period. For consumer credit debts, that rule no longer applies. CPLR §214-i prohibits reviving a time-barred consumer credit claim through later payments or acknowledgments.

What happens if you miss the deadline

If you miss the New York statute of limitations, the defendant can raise it as an affirmative defense and the case will be dismissed. The court doesn't dismiss on its own, but any competent defendant (or arbitrator) will spot the date problem and you'll lose. File before the deadline even if the defendant is still talking to you about settlement. You can always discontinue the case later if you settle.

4. Before you file: demand letter and required notices

In New York, a demand letter is not required for most small claims. There are two big exceptions: businesses suing consumers must send the UCS-124 Demand Letter at least 10 days (and no more than 180 days) before filing, and bad check cases require two demands and a 30-day wait before you can claim statutory damages under GOL §11-104. Even when optional, judges expect you to have tried to resolve the dispute. Send by certified mail with return receipt and keep proof.

Do you need a demand letter in New York?

A demand letter in New York is required by statute for certain claim types and strongly recommended for everything else. The two statutory triggers are (1) businesses filing consumer-transaction claims in the Commercial Claims Part, who must send the UCS-124 form at least 10 days before filing, and (2) bad check claims under GOL §11-104, where you must send two notices before you can claim enhanced damages.

For ordinary small claims (a deposit you can't get back, an invoice that wasn't paid, property damage), there is no statewide statute requiring a demand letter. Send one anyway. It often gets you paid without filing, and if it doesn't, you can show the judge the defendant ignored you.

What to include in a New York demand letter

A New York demand letter should include the dollar amount you're claiming, a short story of what happened (dates, parties, transaction), a clear demand for payment, a deadline to respond (typically 10 to 14 days), and your contact information. Sign it. Date it. Send it by certified mail with return receipt requested. Keep the green card and a copy of the letter.

Do not threaten criminal prosecution or anything you can't legally do. Stick to the facts and the dollar amount.

Pre-suit notice for special claim types

Pre-suit notice in New York is required for these claim types. Bad check claims under GOL §11-104 need a first notice by certified mail with return receipt, then a second notice at least 15 days later, then a 30-day wait before you can sue for the enhanced statutory damages. Consumer-transaction commercial claims need the UCS-124 letter sent 10 to 180 days before filing. Government tort claims need a separate Notice of Claim (see below).

How to sue a city or county in New York

To sue a city or county in New York, you must file a Notice of Claim under General Municipal Law §50-e within 90 days of the incident. Send it to the municipal clerk (for NYC, the Comptroller's Office). Then wait at least 30 days before filing the small claims case. The statute of limitations for tort claims against a municipality is generally 1 year and 90 days. Form CIV-SC-25 from the court has detailed instructions. The State of New York itself cannot be sued in small claims at all. State claims go to the Court of Claims.

5. Identifying and naming the defendant correctly

Name the defendant exactly as they exist legally. An individual gets their full legal name. A sole proprietor is the owner's name "doing business as" the trade name (e.g., "Maria Lopez d/b/a Lopez Plumbing"). A corporation or LLC is its registered name (e.g., "ABC Plumbing LLC"). Misnaming a corporate defendant is the most common reason small claims judgments cannot be collected. Look up the business in the New York Department of State Corporation and Business Entity Database before filing.

How to find a business's legal name in New York

To find a business's legal name in New York, use the Department of State Corporation and Business Entity Database (free, online). Search by name or partial name. The result shows the exact legal name, the type of entity (LLC, INC, LP), the registered agent for service, and the address for service of process. Print or screenshot the record. The court will accept that as proof of the business's correct name.

For sole proprietors and DBAs (which don't register with the state), check the County Clerk's assumed-name records in the county where the business operates.

How to name an LLC or corporation

An LLC or corporation in New York is named by its exact registered legal name plus its entity suffix (LLC, Inc., Corp., LP). Do not use the trade name on the sign out front unless that's also the legal name. "Joe's Pizza" might really be "Eastside Restaurant Group, Inc." If you sue "Joe's Pizza," your judgment may be worthless because there is no such legal entity.

How to name a sole proprietor or DBA

A sole proprietor in New York is named by the owner's full legal name followed by "d/b/a" (doing business as) and the trade name. For example: "John Smith d/b/a Smith's Auto Repair." That way you can collect against the owner personally, since a sole proprietorship has no separate legal existence.

How to amend if you discover the wrong name after filing

If you discover the wrong name after filing, you can ask the clerk or judge to amend the case caption. Small claims procedure is informal and judges generally allow corrections as long as the defendant got actual notice. Bring proof of the correct name (a Department of State printout) to the hearing. If service has already been completed on the wrong name, you may need to re-serve. Catching the error before service is much easier.

6. The forms you need to file in New York

New York requires one main form to start a small claims case: the CIV-SC-50 Statement of Claim (or CIV-SC-70 if you're a business filing in the Commercial Claims Part). The clerk issues the notice to the defendant after you file. If you can't afford the filing fee, file the CIV-GP-15 Fee Waiver application. All forms are free at nycourts.gov as fillable PDFs. E-filing for small claims is not available statewide, so cases are paper-filed.

Which forms open the case?

The forms that open a New York small claims case are the CIV-SC-50 Statement of Claim for individuals and the CIV-SC-70 Statement of Claim for businesses using the Commercial Claims Part. You fill in your name and address, the defendant's name and address, the dollar amount you're asking for, and a short statement of what happened. Bring the form to the clerk along with the filing fee.

Which forms does the defendant file?

The forms the defendant files in New York are usually none for the initial response. New York small claims doesn't require a written answer before the hearing. The defendant just shows up on the hearing date. If the defendant wants to file a counterclaim, they pay a $3 counterclaim fee and use the same Statement of Claim form. If the defendant misses the hearing and gets a default judgment against them, they can use the CIV-GP-13 Order to Show Cause to ask the court to vacate it.

How to fill out the New York claim form

To fill out the New York claim form, you list yourself as the claimant, the defendant by their exact legal name, the dollar amount you want, and a 2 to 3 sentence summary of why they owe you. Be specific about dates and dollar amounts. Don't write a novel. The judge will hear the full story at the hearing. Attach any documents you want filed with the form (some courts accept attachments, some prefer you bring exhibits to the hearing).

What if you can't afford the filing fee?

If you can't afford the New York filing fee, you file the CIV-GP-15 Application for Fee Waiver, also called Poor Person Relief. You list your income, expenses, and assets in a sworn statement. The court grants waivers if you receive public assistance or your income is low enough that paying the fee would leave you without basic necessities. The clerk will tell you whether the waiver is granted before assigning a hearing date.

7. Where to file, and how (in person, mail, e-file)

File in the court for the county where the defendant lives, works, or does business. For tenant-versus-landlord money claims, you can also file where the rental property is located. New York accepts filings in person and by mail. E-filing for small claims is not available statewide. Most courts schedule a hearing about 30 days after filing.

Which county do you file in?

The county you file in is set by where the defendant has a connection to the area. You can file in the Small Claims Part for any county where the defendant resides, is employed, or has a place of business. If you're a tenant suing a landlord over money (like a security deposit), you can also file in the county where the rental property is located, even if the landlord lives somewhere else. NYC plaintiffs file in the Civil Court of the borough that matches the defendant's address. Outside NYC, file in the City Court, District Court, or Town/Village Justice Court for that area.

How to file in New York small claims

To file in New York small claims you can walk into the clerk's office with your completed CIV-SC-50, your payment, and identification, or you can mail the form and a money order to the clerk. NYC plaintiffs who live outside the five boroughs need to include the CIV-SC-66 Out-of-City Filing Authorization with a mailed filing. Personal checks are usually not accepted. Bring cash, a money order, or a certified check.

How to e-file in New York

E-filing in New York for small claims is not available statewide. Cases are paper-filed. Other parts of the New York court system have e-filing (NYSCEF), but the Small Claims Part does not participate as of this writing. If you can't get to the courthouse, file by mail.

What happens if you file in the wrong county?

If you file in the wrong county in New York, the defendant can ask the court to dismiss the case or transfer it to a proper venue. You may lose the filing fee and have to start over. Check the defendant's address against the court's jurisdiction before you file. If the defendant lives in Queens but works in Manhattan, either borough is fine. If the defendant lives in New Jersey but did business with you in Brooklyn, file in Brooklyn.

8. Filing fees, service fees, and fee waivers in New York

Filing fees in New York small claims range from $10 to $20 depending on the court and the claim size. NYC Civil Court charges $15 for claims up to $1,000 and $20 for claims over $1,000 (up to $10,000). City and district courts outside NYC charge $10 (≤ $1,000) or $15 (over $1,000 up to $5,000). Town and village justice courts charge the same lower-tier amounts. Counterclaims cost $3. The clerk's mailed service of process is included in your filing fee.

How much does it cost to file in New York?

Filing a New York small claims case costs $10 to $20 depending on the court and your claim size. Most filers in NYC pay $15 or $20. Outside NYC, most filers pay $10 or $15. The fee includes the clerk's first attempt at service by certified and first-class mail. That's a real value: in most states you pay separately for service. Acceptable payment methods are cash, money order, or certified check. Personal checks are often refused.

How much does service cost?

Service in New York costs nothing extra if the clerk's mailed service works (and it usually does). If it fails, you'll need to hire a sheriff, NYC marshal, or private process server. County sheriff fees commonly run $15 to $30 plus mileage, but exact amounts vary by county. NYC marshals' fees are set by city rules. Licensed private process servers in NYC typically charge $50 to $100.

Can you get the filing fee waived?

You can get the New York filing fee waived by filing the CIV-GP-15 Application for Fee Waiver (Poor Person Relief). Fill out the sworn statement of income, expenses, and household size. If you receive public assistance (TANF, SNAP, SSI) or your income is too low to cover the fee without giving up basic necessities, the court grants the waiver. The clerk will decide before you get a hearing date. If denied, you can ask a judge to review.

Are filing fees recoverable if you win?

Filing fees in New York are recoverable if you win. The judgment will include your filing fee and any service fees you actually paid as taxable costs. Witness subpoena fees and statutory mileage are also recoverable. Attorney's fees are not recoverable unless a statute or contract specifically allows them. Save your receipts.

9. Serving the defendant in New York

New York gives you several ways to serve a small claims defendant, but the most common is the clerk's certified mail plus first-class mail (included in your filing fee). If the regular mail isn't returned within 21 days, service is presumed effective. If clerk service fails, you can use a sheriff, NYC marshal, private process server, any non-party adult over 18, court-ordered alternate service, or, as a last resort, publication. Proof of service must be on file before the hearing can go forward.

Service by sheriff or constable

Service by sheriff in New York is the most common backup when the clerk's mailed service fails. You bring or send the court papers to the county sheriff (or NYC marshal in the five boroughs) with the defendant's address. Fees vary by county, commonly $15 to $30 plus mileage. The sheriff or marshal personally hands the papers to the defendant and files an affidavit of service with the court.

Service by certified mail

Service by certified mail in New York is the default. When you file, the court clerk mails the Notice of Claim to the defendant by certified mail (return receipt requested) and by ordinary first-class mail. If the first-class envelope isn't returned to the court within 21 days, service is presumed effective even if the certified piece is refused. This rule (sometimes called the "21-day no-return presumption") is why clerk-based service works most of the time.

Service by private process server

Service by a private process server in New York requires a licensed server (in NYC, anyone who serves more than a small number of papers per year must be licensed). The server hands the papers to the defendant in person and files an affidavit of service. Costs typically run $50 to $100. Use a server if the defendant has been dodging mail or if you need faster confirmation than the 21-day clerk method.

Court-ordered alternate or substituted service

Court-ordered alternate service in New York is allowed when you've made a diligent effort to serve by normal methods and failed. You ask the court for an order permitting an alternate method: posting and mailing, service at the defendant's place of employment, email, or in rare cases social media. You'll need to show what you tried and why it didn't work.

Service by publication

Service by publication in New York is a last resort that requires a court order. You publish a notice of the lawsuit in a designated newspaper for a set number of weeks. It's expensive, often hundreds of dollars, and judges only allow it after every other method has failed. For most small claims cases this isn't worth doing. If you can't find the defendant, you probably can't collect from them either.

What if the defendant refuses or evades service?

If the defendant refuses or evades service in New York, ask the clerk what your next step is. Usually you'll be sent to the sheriff, marshal, or a private process server. A defendant who refuses to take certified mail does not block service: the 21-day no-return rule on the first-class envelope often catches them anyway. If the defendant moves and leaves no forwarding address, you may need court-ordered alternate service.

Serving a military defendant

To serve a military defendant in New York, you must follow the Servicemembers Civil Relief Act (SCRA). Active-duty servicemembers get special protections, including the right to ask for a stay of proceedings of at least 90 days. Before the court enters a default judgment, you must file an SCRA affidavit stating whether the defendant is in the military (you can check the Department of Defense Manpower Data Center at scra.dmdc.osd.mil). Lying on this affidavit is a federal crime.

10. The defendant's response

After service, the defendant in New York is not required to file a written answer before the hearing. They just need to show up on the scheduled date with their defenses and evidence. They can also file a counterclaim using the same Statement of Claim form and a $3 fee. If the counterclaim exceeds the small claims cap, the case may be transferred to the regular civil part. If the defendant fails to appear, the plaintiff can get a default judgment after a brief inquest.

How long does the defendant have to respond?

The defendant in New York small claims does not have a written-answer deadline. The hearing date itself, set by the clerk when you file, is when the defendant must appear. That's typically about 30 days after filing. If the defendant wants to file a counterclaim, they should do it before or at the hearing. Many courts ask for it in writing a few days in advance.

What goes in the answer?

A New York small claims answer is usually oral. You don't have to file paper. The defendant tells the judge or arbitrator their side of the story, denies what they disagree with, and raises defenses (paid in full, statute of limitations, contract not breached, work was defective). The judge takes notes and asks questions. Bring documents and witnesses to back up the defenses.

Can the defendant counterclaim?

The defendant can counterclaim in New York by filing a Statement of Claim form against the plaintiff and paying the $3 counterclaim fee. The counterclaim must be related enough to be heard at the same hearing. The counterclaim can be larger than the original claim, but if it exceeds the small claims cap, the case may transfer to the regular civil part.

What if the counterclaim exceeds the small claims cap?

If the counterclaim exceeds the New York cap (over $10,000 in NYC, over $5,000 in city/district courts, over $3,000 in town/village courts), the court will usually transfer the case to the regular civil part with proper jurisdiction. The counterclaimant can also waive the excess to keep the case in small claims. A jury demand by either party also moves the case out of the small-claims arbitration track.

11. Preparing for and attending the hearing

New York small claims hearings happen about 30 days after filing. They're informal bench trials (or arbitrations, if both sides agree) before a judge or volunteer arbitrator with no jury unless you specifically demand and pay for one. Bring three copies of every exhibit (one for the judge, one for the other side, one for you), all your witnesses, and a 2 to 3 minute summary of your case. The judge usually rules from the bench or mails the decision within days.

When does your hearing happen?

Your New York small claims hearing happens about 30 days after filing in most courts, though the exact gap varies by county and court calendar. NYC Civil Court often schedules small claims in the evening to accommodate working parties. The clerk mails you the hearing date when the case is filed. If the defendant requests a continuance or service fails and has to be redone, expect delays.

How to prepare your case

To prepare your New York small claims case, write out a 2 to 3 minute summary of what happened, in chronological order. List your damages with dollar amounts and proof for each. Build an exhibit list: contract, invoices, receipts, photos, texts, emails, repair estimates. Bring three copies of each document. Identify witnesses and confirm they'll attend. If a witness won't come voluntarily, ask the clerk for a subpoena (issuance is free; you tender a $15 witness fee plus mileage at service).

Anticipate the defendant's argument and prepare a one-paragraph response. Practice your summary out loud. Arrive 30 minutes early and dress as you would for a job interview.

What evidence is admissible in New York?

Evidence admissible in New York small claims includes documents, photographs, screenshots, texts and emails, recorded calls (New York is a one-party consent state, so a recording is legal if you were on the call), and witness testimony. Hearsay rules are relaxed in small claims: judges and arbitrators often admit reliable hearsay (a written estimate, a repair receipt from a shop owner) without making you call the author as a witness. You still have to authenticate documents (show when, where, and from whom).

Expert testimony is informal in small claims. There's no formal qualification procedure. If a mechanic or contractor wrote your estimate, bring them or bring the document; the judge will weigh it.

How to subpoena a witness

To subpoena a witness in New York, you ask the clerk to issue the subpoena (no issuance fee). You or another adult serves it on the witness, along with a $15 witness fee plus statutory mileage. Serve well before the hearing (a week or more). A subpoenaed witness who doesn't appear can be held in contempt, but practically speaking, get the witness to confirm they'll be there.

Can you appear by phone or video?

Phone or video appearance in New York small claims is generally not provided for by statewide rule. Most cases are in person. Some courts may allow remote appearance for good cause (illness, distance, accommodation needs), but you must request it in advance through the clerk or by motion. Don't assume remote appearance is available.

Continuances and what happens if you can't attend

A continuance in New York small claims is granted only for good cause and at the judge's discretion. Courts commonly allow at least one reasonable adjournment per side. Make the request in writing as soon as you know there's a conflict, and notify the other party. If you don't show up without a continuance, the plaintiff's case is dismissed (typically without prejudice, so you can refile) and the defendant gets a default judgment.

If both parties no-show, the case is dismissed. If the defendant no-shows, the court holds a brief inquest (prove-up) and enters a default judgment.

12. Mediation, interpreters, and ADA accommodations

New York offers court-annexed mediation, often through community dispute resolution centers or court staff on the day of hearing. Interpreters are available in many languages including Spanish, Mandarin, Cantonese, Russian, Arabic, Haitian Creole, Korean, Polish, and Bengali. Request one in writing as early as possible (at least 7 days before the hearing). ADA accommodations are arranged through the court's ADA coordinator using the ADA-100 request form.

Is mediation available in New York small claims?

Mediation in New York small claims is available and frequently offered. Many courts route cases to volunteer mediators or community dispute resolution centers on the hearing date, before sending you to trial or arbitration. Participation is voluntary. If you reach an agreement, it's written up as a stipulation or consent judgment, which becomes enforceable like any court order.

How to request a court interpreter

To request a court interpreter in New York, you notify the clerk as soon as possible after filing, by phone or in writing, and indicate which language you need. Many courts have Language Access Coordinators. The court provides interpreters at no cost to you. Give at least 7 days' notice when possible so the court can arrange a contract interpreter for less common languages.

How to request an ADA accommodation

To request an ADA accommodation in New York, contact the court's ADA coordinator or the Office of ADA Accommodations as early as possible. Submit a written request using the ADA-100 form (or your court's local form). Accommodations include wheelchair access, sign-language interpreters, large-print or accessible documents, and extra time. The court provides these at no cost.

13. What you can recover (and statutory damages multipliers)

If you win in New York small claims, you can recover your underlying damages, court costs (filing fee, service fees you paid, witness fees), and post-judgment interest at 9% per year (CPLR §5004). Pre-judgment interest at 9% may be available on contract and property damage claims from the date money was due (CPLR §5001). Attorney's fees are recoverable only when a contract or statute allows them. Certain claims trigger statutory multipliers: doubled wages, treble damages for consumer deception, doubled bad check damages, and more.

What costs are recoverable in New York?

Costs recoverable in New York include the filing fee, sheriff and marshal service fees you actually paid, private process server fees if documented, subpoena fees and the $15 witness fee plus statutory mileage, and reasonable enforcement costs (sheriff or marshal fees for executing judgment). Save every receipt. The judgment will add these as taxable costs to the principal amount.

How does interest work on New York judgments?

Interest on New York judgments runs at 9% per year, simple interest (CPLR §5004). Post-judgment interest accrues from the date the judgment is entered. Pre-judgment interest at 9% is available on contract claims, property damage, and other money judgments under CPLR §5001 from the date the money was due. Ask for it on the record at the hearing. Arbitrators don't always award it automatically.

When can you recover attorney's fees?

Attorney's fees in New York small claims are recoverable when a statute or contract specifically authorizes them. Examples include unpaid wage claims under Labor Law §198, consumer protection claims under GBL §349, and contracts with a fee-shifting clause. Otherwise, each side pays their own lawyer. Since most small claims plaintiffs and defendants don't have lawyers, fee-shifting is rarely an issue.

Statutory damages multipliers in New York

New York statutes that multiply damages in small claims include Labor Law §198 (doubled wages), GBL §349 (trebled consumer damages), GOL §11-104 (doubled bad check damages with notice requirements), RPAPL §853 (treble damages for illegal eviction), RPAPL §861 (treble damages for willful tree destruction), and Judiciary Law §487 (treble damages against deceitful attorneys). To get the multiplier you have to specifically ask for it and prove the statutory conditions.

14. Getting a default judgment when the defendant doesn't respond

If the defendant in New York doesn't appear at the hearing, you can get a default judgment after a brief inquest. You'll need to show up, present proof of service (or rely on the clerk's certified mailing), present your damages, and file a Servicemembers Civil Relief Act (SCRA) affidavit confirming the defendant is not on active military duty. The court enters judgment that day or shortly after, and you can start collecting.

When can you ask for a default judgment in New York?

You can ask for a default judgment in New York after the defendant fails to appear at the scheduled hearing. Unlike many states, New York small claims doesn't have a separate written-answer deadline. The hearing date is the deadline. If the defendant doesn't show, the judge conducts a brief default prove-up (inquest) the same day to confirm damages.

What you file to get a default

To get a default in New York, you file proof of service (or rely on the clerk's certified mailing log), an SCRA affidavit stating the defendant is not on active military duty, and your damages evidence. The court conducts a short prove-up where you testify briefly and present documents. The judge then enters judgment.

Can the defendant vacate a default in New York?

A defendant can vacate a New York default by filing an Order to Show Cause (form CIV-GP-13) within one year of the judgment, showing a reasonable excuse for missing the hearing and a meritorious defense. Common excuses include never receiving the mailed notice, illness, or a clerical error. If granted, the case is restored to the calendar for a new hearing. Vacating is discretionary, and the judge will weigh how long the defendant waited and whether the excuse is credible.

15. Appealing a small claims judgment in New York

In New York, either party can appeal a judge-decided small claims judgment within 30 days of the notice of entry. Appeals go to the Appellate Term or the appropriate appellate court. The appeal is on the record, not a brand-new trial, and the appellate court reviews whether substantial justice was done. There is generally no right of appeal from an arbitrator's decision. Filing the Notice of Appeal (form CIV-GP-67A) starts the process. Attorneys are common at the appellate level.

Who can appeal and when?

Either party in New York small claims can appeal within 30 days of the notice of entry of judgment, but only if the case was decided by a judge. If you agreed to have a volunteer arbitrator hear the case (the default in NYC), there is no right of appeal. The arbitrator's decision is binding and final. This is the single most important reason to ask for a judge if you want appeal rights.

What kind of appeal is it?

An appeal in New York small claims is a review on the record, not a brand-new trial. The appellate court (the Appellate Term or appropriate appellate court) looks at whether "substantial justice" was done according to the rules of substantive law. You'll need a transcript of the trial. If you can't afford the transcript, file form CIV-GP-16 for a transcript fee waiver.

What does an appeal cost?

An appeal in New York costs more than the original filing. You pay the Notice of Appeal filing fee, the transcript cost (which can be hundreds of dollars depending on length), and any bond required to stay collection. Each appellate court has its own fee schedule. Costs add up fast. Many small claims judgments aren't worth appealing.

Does an appeal stop collection?

An appeal stops collection in New York when the appellant posts an undertaking (a bond) to secure the judgment amount plus costs. Without a bond, the winning party can begin collection while the appeal is pending. If the appeal succeeds and the judgment is reversed, any money collected has to be returned.

16. Collecting your judgment in New York

Winning is half the battle, and New York doesn't collect for you. After the 30-day appeal window closes, you can docket the judgment with the County Clerk to create a lien on the debtor's real property, serve an information subpoena to find assets, serve a restraining notice to freeze bank accounts, get an execution issued to the sheriff or NYC marshal to garnish wages or levy accounts, and order the debtor to a judgment-debtor examination. New York judgments are good for 20 years and can be renewed.

16.1 Wait for the appeal window to close

The appeal window in New York is 30 days from notice of entry of judgment. During this window, the loser can appeal and post a bond to stop collection. Most don't. After 30 days, you're free to start collection without worrying about a reversal. Some creditors begin collection sooner because the debtor isn't going to appeal, but the safer move is to wait the full 30 days.

16.2 Get an abstract or certificate of judgment

An abstract of judgment in New York is called a Transcript of Judgment. You get it from the small claims court clerk for a small fee. Then file it with the County Clerk's office in any county where the debtor owns real property. Once docketed, the judgment becomes a lien on the debtor's real estate in that county. If they sell or refinance, the lien must be paid off first.

16.3 Writ of execution

A writ of execution in New York authorizes the sheriff or NYC marshal to seize the debtor's non-exempt property to satisfy the judgment. You request it through the court that issued the judgment. The execution lets the sheriff or marshal levy bank accounts, seize vehicles, garnish wages, and take other non-exempt assets. You'll need to give them specific information: bank name and account number, employer name and address, vehicle registration. The execution is good for a set period and can be renewed.

16.4 Wage garnishment

Wage garnishment in New York is allowed up to 10% of gross wages or 25% of disposable earnings (whichever is less), and only if the debtor earns above 30 times the federal minimum hourly wage per week. You get an income execution issued, serve it on the debtor first (giving them 20 days to start paying voluntarily), and if they don't comply, serve it on the employer. The employer must then withhold and remit the garnished amount. Federal benefits (Social Security, SSI, VA) cannot be garnished.

16.5 Bank levy or account garnishment

A bank levy in New York works by serving a Restraining Notice (form CIV-SC-57) on the debtor's bank. The bank freezes funds up to twice the judgment amount. You also send the debtor a notice with exemption claim forms. If the debtor doesn't claim exemptions within the statutory period, the bank turns over the non-exempt funds to the sheriff or marshal for payment to you. Banks must automatically protect a baseline amount of federal benefit deposits.

16.6 Debtor's examination

A debtor's examination in New York is the way you find out what the debtor owns. Serve an Information Subpoena (form CIV-SC-63) with Questions (form CIV-SC-61) on the debtor, their employer, or their bank. The recipient must answer under oath within 7 days. You can also get a court order requiring the debtor to appear in court for a sworn examination about assets and income.

16.7 Satisfaction of judgment

A satisfaction of judgment in New York is filed when the debtor pays in full. The creditor must file form CIV-SC-93 (Affidavit Pursuant to CCA §1811(d)) with the court to mark the judgment satisfied. Failing to file the satisfaction after being paid can expose the creditor to a separate claim by the debtor. If you're the debtor and you've paid, ask the creditor in writing for the satisfaction. If they don't file it, you can move the court for an order directing it.

16.8 Judgment renewal

A New York judgment is valid for 20 years and renewable by filing a new action or by docketing a renewal before expiration. The real-property lien created by docketing the transcript lasts 10 years from the docketing date and is renewable for another 10. Post-judgment interest at 9% accrues throughout this period, so old judgments can grow substantially.

16.9 Collecting from an out-of-state debtor (UEFJA)

To collect from an out-of-state debtor, you domesticate the judgment by filing an authenticated copy of the New York judgment with the County Clerk in the state where the debtor lives or has assets, under the Uniform Enforcement of Foreign Judgments Act (in New York, CPLR Article 54). The other state's notice and contest period applies. Once domesticated, the judgment is enforced as if it were that state's judgment. The same process works in reverse if you have a judgment from another state and need to enforce it in New York.

16.10 What's exempt from collection in New York

New York protects the following property from collection. The amounts come from CPLR §§5205-5206 and are statutory, with periodic adjustments. Federal benefits like Social Security, SSI, and VA payments are exempt by federal law (42 U.S.C. §407).

If the debtor files for bankruptcy, the automatic stay under 11 U.S.C. §362 freezes all collection activity. Discharge in bankruptcy may eliminate the judgment entirely.

17. State-specific quirks and pitfalls in New York

New York has several rules that surprise filers. The most consequential: in NYC, your case will be sent to a volunteer arbitrator unless you ask for a judge, and arbitrator decisions can't be appealed. Corporations, LLCs, partnerships, assignees, and debt buyers can't sue in the regular Small Claims Part. And you can't sue the State of New York at all in small claims.

Arbitration by default in NYC. NYC small claims uses volunteer arbitrators (often local attorneys) as the default. The arbitrator's decision is binding and not appealable. If you want appeal rights, you must affirmatively request a judge when you arrive at court. Most filers don't know this and learn the hard way.

Businesses can't use regular small claims. Corporations, LLCs, partnerships, and any assignee or debt buyer are barred from the regular Small Claims Part. Business plaintiffs must use the Commercial Claims Part (form CIV-SC-70). Sole proprietors can still use regular small claims.

Five-per-month filing cap. No plaintiff can file more than five small claims petitions per calendar month statewide. This stops debt buyers and serial filers.

Clerk handles initial service. Unlike most states, the clerk mails the Notice of Claim by certified plus first-class mail as part of your filing fee. If first-class mail isn't returned in 21 days, service is presumed effective. You only have to arrange your own service if mailing fails.

The State of New York can't be sued in small claims. Claims against the state go to the Court of Claims. Cities and counties can be sued, but you need a Notice of Claim under General Municipal Law §50-e within 90 days.

Bad check statutory damages need two notices. GOL §11-104 requires two demand notices (first certified mail with return receipt, then a final notice 15+ days later) and a 30-day waiting period before you can sue for enhanced damages. Skip the notices and you get only your original damages.

Businesses suing consumers must send UCS-124. Before filing any consumer-transaction commercial claim, the business must send the UCS-124 Demand Letter by certified mail at least 10 days (and not more than 180 days) before filing.

No statewide e-filing for small claims. Cases are paper-filed. You go to the courthouse or mail your papers in.

No-fault and workers' comp aren't small claims matters. No-fault auto insurance disputes go to mandatory arbitration. Workers' compensation claims go to the Workers' Comp Board.

Tenant-versus-landlord venue. Tenants suing for money (like a security deposit) can file in the county where the rental property is located, even if the landlord lives elsewhere.

Evening hearings in NYC. NYC small claims often schedules hearings in the evening to accommodate working people. Confirm your hearing time with the clerk.

Unlicensed contractors may be barred from suing. In NYC and other localities, contractors required to be licensed who aren't licensed cannot sue to collect their fees, even if the work was completed.

18. Sources and citations

1. Guide to Small Claims Court. NYCourts.gov. https://www.nycourts.gov/help/small-claims. Cited for: general procedure, evidence, hearing logistics.
2. CCA §1801 (NYC small claims jurisdiction). NY Senate. https://www.nysenate.gov/legislation/laws/CCA/1801. Cited for: NYC $10,000 cap.
3. UCCA §1801 (Uniform City Court Act). NY Senate. https://www.nysenate.gov/legislation/laws/UCT/1801. Cited for: $5,000 cap in city/district courts.
4. Small Claims Information (7th Judicial District). NY Courts. https://publicredesign2025.nycourts.gov/courts/7th-judicial-district/small-claims-information. Cited for: venue rules and business/assignee restrictions.
5. GOL §11-104 (Dishonored checks). FindLaw. https://codes.findlaw.com/ny/general-obligations-law/gob-sect-11-104. Cited for: bad check demand requirements and statutory damages.
6. CIV-SC-50 Statement of Claim. NY Courts. https://www.nycourts.gov/COURTS/nyc/civil/pdfs/SC_SmallClaimsForm.pdf. Cited for: primary filing form.
7. CIV-SC-70 Commercial Claims form. NY Courts. https://www.nycourts.gov/COURTS/nyc/civil/pdfs/SC_CommercialClaim.pdf. Cited for: business plaintiff form.
8. UCS-124 Consumer Demand Letter. NY Courts. https://www.nycourts.gov/COURTS/nyc/civil/pdfs/SC_DemandLetter.pdf. Cited for: pre-filing notice for consumer transactions.
9. CIV-GP-15 Fee Waiver. NY Courts. https://www.nycourts.gov/COURTS/nyc/civil/pdfs/GP_15.pdf. Cited for: fee waiver application.
10. CPLR §213 (statute of limitations). NY Senate. https://www.nysenate.gov/legislation/laws/CVP/213. Cited for: contract and fraud limitations.
11. CPLR §214 (limitations for torts and injury). NY Senate. https://www.nysenate.gov/legislation/laws/CVP/214. Cited for: tort and property damage limitations.
12. Uniform Court Act provisions. NY Senate. https://www.nysenate.gov/legislation/laws/UCT/A18. Cited for: transfer and procedural rules.
13. CIV-SC-63 Information Subpoena. NY Courts. https://www.nycourts.gov/COURTS/nyc/civil/pdfs/SC_InformationSubpoena.pdf. Cited for: post-judgment discovery.
14. CIV-SC-57 Restraining Notice. NY Courts. https://www.nycourts.gov/COURTS/nyc/civil/pdfs/SC_RestrainingNotice.pdf. Cited for: bank levy procedure.
15. NYCourts CourtHelp Small Claims. NY Courts. https://www.nycourts.gov/courthelp/smallclaims/. Cited for: eligibility, evidence, and general procedure.

19. Frequently asked questions

What is the maximum amount you can sue for in New York small claims court?

The maximum amount you can sue for in New York small claims is $10,000 in the NYC Civil Court Small Claims Part, $5,000 in city and district courts outside NYC (including Nassau and Suffolk District Courts), and $3,000 in town and village justice courts. These caps come from CCA §1801 and UCCA §1801. You cannot split a single claim into smaller pieces to avoid the cap.

How much does it cost to file a small claims case in New York?

Filing a small claims case in New York costs $10 to $20. NYC Civil Court charges $15 for claims up to $1,000 and $20 for claims from $1,000 to $10,000. City and district courts outside NYC charge $10 (up to $1,000) or $15 (up to $5,000). Town and village justice courts charge the same lower amounts. Counterclaims cost $3. Fee waivers are available with form CIV-GP-15.

How long do I have to sue in New York small claims?

You have 6 years for written or oral contracts (CPLR §213), 3 years for property damage or personal injury (CPLR §214), 4 years for breach of warranty (UCC §2-725), 1 year for defamation (CPLR §215(3)), and 3 years for consumer credit / open accounts (CPLR §214-i). The clock usually starts on the date of breach or injury. Fraud has a 6-year limit or 2 years from discovery, whichever is later.

Do I need a lawyer for New York small claims court?

A lawyer is not required for New York small claims, but attorneys are allowed on both sides. Most filers and defendants represent themselves because the process is designed to be informal. Hire a lawyer if your claim is near the cap, involves a complicated contract, or you face a represented opponent. Attorney's fees are only recoverable if a statute or contract provides for them.

Can a business sue or be sued in New York small claims?

A business can be sued in regular New York small claims, but it cannot sue there. Corporations, LLCs, partnerships, assignees, and debt buyers must use the Commercial Claims Part (form CIV-SC-70) instead. Sole proprietors and individuals can sue in the regular Small Claims Part. The state of New York can never be sued in small claims; those claims go to the Court of Claims.

How do I serve the defendant in New York?

To serve the defendant in New York, you typically don't do anything. The court clerk handles initial service by certified mail plus first-class mail as part of your filing fee. If the first-class envelope isn't returned within 21 days, service is presumed effective. If clerk mailing fails, you can use a county sheriff, NYC marshal, licensed private process server, or any non-party adult over 18 to serve personally.

How long does it take to get a hearing in New York small claims?

It takes about 30 days from filing to get a New York small claims hearing in most courts, though the exact gap varies by county and court calendar. NYC Civil Court often schedules small claims for the evening. If service has to be redone or the defendant requests an adjournment, expect delays.

What happens at a New York small claims hearing?

At a New York small claims hearing, the judge or volunteer arbitrator hears both sides informally. There's no jury unless one was demanded. The plaintiff goes first, presenting evidence and witnesses, then the defendant responds. The judge asks questions and rules from the bench or mails the decision within days. Bring three copies of each exhibit.

What if the defendant doesn't show up in New York?

If the defendant doesn't show up in New York small claims, the judge holds a brief default prove-up (inquest) the same day. You testify briefly, present damages evidence, and file a Servicemembers Civil Relief Act affidavit. The court enters a default judgment, and you can begin collection after the 30-day appeal window. The defendant can ask to vacate the default within one year.

What if I miss my New York small claims hearing?

If you miss your New York small claims hearing as the plaintiff, the case is dismissed (usually without prejudice, so you can refile). If you miss as the defendant, the plaintiff gets a default judgment. You can ask the court to vacate the dismissal or default by filing an Order to Show Cause (CIV-GP-13) within one year, showing a reasonable excuse and a meritorious case.

Can I appeal a New York small claims judgment?

You can appeal a New York small claims judgment within 30 days of notice of entry, but only if a judge decided the case. Arbitrator decisions (the default in NYC unless you ask for a judge) cannot be appealed. Appeals go to the Appellate Term and are reviewed on the trial record, not as a brand-new trial. File form CIV-GP-67A to start.

How do I collect a New York small claims judgment?

To collect a New York small claims judgment, get a Transcript of Judgment from the court clerk, docket it with the County Clerk to lien real property, serve an Information Subpoena (CIV-SC-63) to find assets, serve a Restraining Notice (CIV-SC-57) to freeze bank accounts, and get an income execution issued to the sheriff or NYC marshal to garnish wages or levy accounts.

Can I garnish wages in New York?

You can garnish wages in New York up to 10% of gross or 25% of disposable earnings (whichever is less), and only if the debtor earns more than 30 times the federal minimum hourly wage per week. You get an income execution, serve it on the debtor first (with 20 days to comply voluntarily), and then on the employer. Federal benefits cannot be garnished.

How long is a New York small claims judgment valid?

A New York small claims judgment is valid for 20 years and can be renewed. The real-property lien from docketing the transcript lasts 10 years and is also renewable. Post-judgment interest at 9% accrues the whole time, so an unpaid judgment can grow substantially over the years.

Can I sue a city or government agency in New York small claims?

You can sue a city or county in New York small claims, but you must first file a Notice of Claim under General Municipal Law §50-e within 90 days of the incident, then wait at least 30 days before filing the lawsuit. The State of New York cannot be sued in small claims at all. State claims must be filed in the Court of Claims.

Do I have to send a demand letter before filing in New York?

You do not have to send a demand letter for most New York small claims, but it's strongly recommended. Two exceptions: businesses filing consumer-transaction claims must send the UCS-124 letter at least 10 days before filing, and bad check claims under GOL §11-104 require two demand notices and a 30-day wait before you can claim enhanced statutory damages.

Can I file New York small claims online?

You cannot file New York small claims online statewide. E-filing for the Small Claims Part is not available; cases are paper-filed. You file in person at the clerk's office or by mail. NYC plaintiffs who live outside the five boroughs use form CIV-SC-66 for mailed filings.

Does New York small claims have a jury?

New York small claims has a jury available on request, but the requesting party must pay the $55 jury demand fee. A jury demand moves the case out of the arbitration track. Most small claims hearings are bench trials before a judge or arbitrator. Most cases stay that way because juries add cost and delay.

What's the New York security deposit penalty?

The New York security deposit penalty for landlords who willfully fail to return a deposit within 14 days after move-out is forfeiture of the entire deposit plus damages of up to twice the amount of the deposit. The 14-day rule and penalty come from General Obligations Law §7-108. Send a written demand first, then sue if the landlord doesn't comply.

20. When to call a lawyer (and disclaimer)

This guide is enough for most routine New York small claims disputes: an unreturned security deposit, an unpaid invoice for under $10,000, a fender-bender repair bill, a defective consumer product, an unpaid wage claim against a small employer.

Call a lawyer if your claim is at or near the cap and the math is complicated, if the statute of limitations is close to expiring or unclear, if you're suing a government agency, if you have an ongoing business or contractual relationship with the defendant that goes beyond this one dispute, if there's an arbitration clause you're trying to get around, or if you've already won and the debtor is hiding assets in a complex way.

For low-cost legal help in New York, the New York State Unified Court System provides Help Centers in many courthouses with free guidance for self-represented litigants. LawHelpNY.org lists civil legal aid organizations by county. Many county bar associations operate lawyer referral services with reduced-fee initial consultations. Law school clinics at NYU, Columbia, Fordham, CUNY, Cardozo, and others handle some small claims and consumer matters.

This guide provides general legal information about New York small claims procedure. It is not legal advice. Reading it does not create an attorney-client relationship. Laws and court rules change. For advice on your specific situation, talk to a licensed New York attorney.

This guide is general information about New York small-claims procedure, not legal advice. CivilCase is not a law firm and does not represent you. Consult a licensed attorney in New York for advice about your specific situation.