A landlord kept your deposit, a contractor walked off the job, a dry cleaner ruined your coat. 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, without hiring a lawyer. Check your case below, then follow six steps.
Answer a few questions. The result updates as you type.
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. A short, dated demand letter is the best proof. Use the generator below and keep a copy.
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.
Statement of Claim (Small Claims), NYC Civil Court. In NYC you get a hearing date when you file, usually about 6 weeks later.
$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. If you 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.
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.
Bring receipts, photos, texts, the contract and your demand letter, with three copies of each. 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.
Want every detail? The full filing guide walks you through all 7 stages, from finding the defendant's legal name to collecting your money, with a checklist.
Open the filing guideFill in the details, then download the letter as a PDF or Word file, or copy the text. Send it by certified mail or email so you can prove the date.
Miss this date and the court will dismiss your case, however strong it is. For fraud, you have 6 years from the fraud or 2 years from discovering it, whichever is later. Small claims can't award money for pain and suffering.
| Type of claim | Deadline |
|---|---|
| Broken written contract (lease, invoice, signed agreement) | 6 years |
| Broken verbal agreement | 6 years |
| Damaged property | 3 years |
| Personal injury | 3 years |
| Fraud | 6 years |
| Libel or slander | 1 year |
| Claims against a government agency | Before suing NYC or another public agency, file a written Notice of Claim within 90 days, and sue within 1 year and 90 days. |
You don't need a lawyer, but you may use one. A company that is sued can send an officer or employee instead.
$10,000 is the limit in New York City. City Courts outside NYC and District Courts in Nassau and western Suffolk allow up to $5,000; Town and Village Courts up to $3,000. You can't split a claim. Only individuals 18 or older can file small claims; businesses use the Commercial Claims Part ($10,000 in NYC, at most 5 claims a month). Otherwise, you can give up the amount above the limit, or file a regular civil case where the rules are stricter.
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.
Free. Tell the clerk when you file and the court will assign an official interpreter.