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

Ask for payment in writing

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.

Check the limit and your deadline

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.

Collect the details the form asks for

• 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

Find the defendant's exact legal name

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.

Gather your evidence

• 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

Get the right form

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

Describe your claim clearly

• 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 it the right way

Sign the Statement of Claim; no notary is needed.

Make copies

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

File your claim

Choose how you'll file:

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.

Pay the filing fee

$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.

Keep what the clerk gives you

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

Have the papers served

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.

File proof of service

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

If service fails

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.

Watch for the defendant's response

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

Settling 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.

Line up your witnesses

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.

Prepare your file

• 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)

On the 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

Tell your story

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

If someone doesn't show up

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.

Know the appeal rules

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.

Collect your money

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.

Close the case once you're paid

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