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New York · Filing guide · Small Claims Part of the Civil Court of the City of New York

How to file a small claims case in New York, step by step

Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.

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Before you file

1–3 weeks before filing

Individuals don't have to send a demand letter first, though it's wise. Businesses suing over a consumer debt must mail one 10 to 180 days before filing.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

In New York you can sue for up to $10,000 in the Small Claims Part of the Civil Court of the City of New York.

Run the 60-second case check to see the last day you can file.

  • Your full name, address and phone
  • The defendant's exact legal name and a street address where they can be served (not a P.O. box)
  • The amount you're asking for and how you got that number
  • The date the problem happened
  • A short plain description of what happened
  • Proof you asked for payment, if you did

Sue the business under its registered name; if it uses a trade name, the County Clerk keeps assumed-name records.

Search: New York Department of State Corporation and Business Entity Search.

  • The contract, lease, invoice or receipt
  • Photos of the damage, dated if possible
  • Texts, emails and letters with the other side
  • Two written repair estimates or proof of what you paid
  • Your demand letter and proof it was sent
  • Names and contact details of any witnesses

Fill in the claim

1–2 evenings

CIV-SC-50: Statement of Claim (Small Claims), NYC Civil Court. Get the form.

  • Who: you and the defendant, with full legal names and addresses
  • What: the agreement or event, in 2–4 plain sentences
  • When: the date it happened
  • How much: the exact amount (no more than $10,000) and how you calculated it
  • What you did: when you asked for payment and their response

Sign the Statement of Claim; no notary is needed.

The clerk prepares the notice that is mailed to the defendant; bring one copy of your documents for yourself.

File and pay

Filing day

Choose how you'll file:

OnlineNot availableNYC small claims can't be filed online; you file in person at the borough clerk's office or by mail.
In personGo to the Small Claims clerk in the right borough's Civil Court with your claim and the fee; the clerk gives you a hearing date right away.
By mailYou can file by mail in NYC using the court's mail-in instructions; send a money order or certified check, not cash.

In NYC, file in the borough where you or the defendant lives; the defendant must live, work or do business in NYC. Outside NYC, file in the City, Town or Village Court where the defendant lives, works or does business.

$15 for claims up to $1,000 and $20 above that in NYC and City Courts ($10 and $15 in Town and Village Courts). Business claims in the Commercial Claims Part cost $25 plus postage. In NYC, personal checks aren't accepted. Can't afford it? Ask for a fee waiver: Poor person relief under CPLR 1101; ask the clerk or a Court Help Center for the form.

You get a receipt with the hearing date and time, usually an evening session about 6 weeks later.

Serve the defendant

Right after filing

The clerk mails the claim to the defendant twice, by certified and regular mail. If both fail, the clerk tells you how to arrange personal delivery by an adult who isn't part of the case or a process server. You can't deliver it yourself.

If the defendant isn't served within 4 months of filing, the case is dismissed.

The clerk mails the notice to the defendant and keeps the record; you only arrange personal delivery if both mailings fail.

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Before the hearing

1–4 weeks before

The defendant doesn't file an answer but can file a counterclaim with the clerk before the hearing.

If you settle, tell the clerk or sign a written agreement; it can be entered as a judgment if they don't pay.

Get any settlement in writing, signed by both sides, with the amount and payment date.

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

Ask the clerk for a subpoena to bring a witness or records.

  • Three copies of every document: for you, the judge and the defendant
  • A one-page timeline of what happened, with dates
  • A short sheet showing how you calculated the amount
  • Photos printed or ready on your phone (ask the clerk if screens are allowed)

The hearing

Hearing day

  • NYC hearings usually start at 6:30 p.m.; ask for a daytime hearing if you're a senior, disabled or work nights
  • Decide whether you'll accept an arbitrator: faster, but no appeal
  • Arrive 30 minutes early and check in with the clerk or bailiff
  • Bring three copies of every document and your evidence in date order
  • Bring your witnesses, or a subpoena if they won't come voluntarily
  • Turn your phone to silent; dress neatly

What to say, in about two minutes
  1. Who you are and what you're asking for: the amount.
  2. What the agreement or situation was.
  3. What went wrong, with dates.
  4. What it cost you and how you calculated it, showing your documents.
  5. That you asked for payment and what they said.

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If the defendant doesn't come, you can win by default after briefly showing your proof. If you don't come, your case is dismissed.

After the judgment

Weeks to months

Only a judge's decision can be appealed, within 30 days (35 if the judgment was mailed), and only on the ground that substantial justice wasn't done. Arbitrator decisions, defaults and settlements can't be appealed.

The court doesn't collect for you. In NYC, hire a City Marshal or the Sheriff to garnish wages or bank accounts. Judgments last 20 years and earn 9% interest a year.

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.

Free help in New York

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