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How to File in Small Claims Court in New York

A practical filing guide for small claims cases in New York. Designed for self-represented claimants. Not a law firm and not legal advice.

Local rules vary
Source checked: 2026-04-30

New York small-claims limits and venue rules vary by court type and location. NYC Civil Court allows up to $10,000; Nassau/Suffolk and City Courts generally allow up to $5,000; Town and Village Courts generally allow up to $3,000.

Official source
Filing Fee
$15-$20
Max Claim
$10,000 NYC / $5,000 city or Nassau-Suffolk / $3,000 town-village
Court
Small Claims Court (City/District/Town/Village Court)
Statute
NYC Civil Court Act Article 18; UCCA Article 18; UDCA Article 18; UJCA Article 18

Step-by-Step Filing Instructions

1

Choose the correct small claims court before filing because limits and venue rules vary by court type and location

2

Use NYC Civil Court for NYC claims up to $10,000, Nassau/Suffolk District Court or City Court for claims up to $5,000, and Town/Village Court for claims up to $3,000

3

File the court's small claims application or statement of claim with the clerk

4

Pay the filing fee, usually $15-$20 depending on amount and court

5

Court usually mails notice first; if mail service fails, ask the clerk what personal service is required

Required Forms

  • -Statement of Claim

How to Serve the Defendant

Small claims service starts through the court by mail in many New York courts. If service by mail fails, the claimant may need to arrange personal service under that court's rules.

Tips for Winning in New York

-Bring ALL documentation - contracts, invoices, texts, emails, photos
-Arrive early and dress professionally
-Be concise - judges hear dozens of cases per day
-Stick to facts, not emotions
-Bring copies of everything (one for you, one for the judge, one for the defendant)
-Know the limit - current display: $10,000 NYC / $5,000 city or Nassau-Suffolk / $3,000 town-village. Verify with the court source before filing.
-Send a demand letter first to document the claim before escalating

Frequently Asked Questions

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

CollectNow is designed for self-represented claimants. It is not a law firm and does not provide legal advice.

How long does the process take?

From filing to hearing, typically 30-60 days in New York. Many cases settle before the hearing after receiving the demand letter.

What if I win but they still don't pay?

You can use enforcement tools like wage garnishment, bank levies, and property liens to collect. CollectNow provides all these documents.

Can I sue someone in New York if they live in another state?

Generally, you must file in the state where the defendant lives or where the transaction/incident occurred.

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