Your Guide to Small Claims Court in New York

Learn how to file your claim and set yourself up for success

A New York jury awarded former The New York Times columnist Devan Sipher $85 million after a bus struck him in a Manhattan crosswalk. The accident left him with permanent injuries and millions in past and future medical expenses. 

Not all personal injury cases involve such large sums. For smaller personal injury cases, there is a more accessible, efficient, and cost-effective option: small claims court.

What is a small claims court?

Small claims court is a special section of the New York court system where individuals can resolve disputes involving relatively small amounts of money. The court is designed to be more user-friendly and less formal than other courts, making it easier for non-lawyers to represent themselves.

Types of cases handled in small claims court

In New York, the monetary limits for small claims court vary based on the type of court:

New York City Civil Court	City Courts outside New York City	Town and Village Courts
Disputes up to $10,000	Disputes up to $5,000	Disputes up to $3,000

Small claims court can handle a wide variety of cases, including:

• Breach of contract: Disputes over the terms or performance of a contract, such as an unpaid bill or a failure to deliver goods or services.
• Property damage: Claims for damages to personal property, such as a car accident or damage caused by a neighbor.
• Security deposits: Landlord-tenant disputes over the return of a security deposit.
• Unpaid wages: Cases involving unpaid wages or other compensation owed by an employer.
• Personal loans: Disputes over personal loans that have not been repaid.
• Personal injury: Disputes over accidents that cause physical harm.

It's important to note that small claims courts cannot handle cases involving more than the monetary limits, eviction cases, or actions for divorce or custody. What’s more, you cannot sue for pain and suffering. 

If your case falls outside these parameters, you may need to seek resolution in a different court.

Where should I file my small claims lawsuit?

Choosing the right court to file your small claims lawsuit is crucial for ensuring that your case is heard. Generally speaking, you must file your claim in the court located in the town or village, county, or city where:

• The defendant lives, 
• The defendant works,
• The defendant has a place of business, or
• The defendant owns property you’re renting (if your claim is related to your tenancy).

Consider the following hypothetical:

Small claims cases are heard in city, town, and village courts throughout New York State. However, not all courts hear small claims cases every day. To find the appropriate court and its contact information, use the court locator tool on the New York State Unified Court System’s website. You can search by county and court type, then click on "Find the Court" for details.

For further assistance, you can call 1-800-COURTNY (1-800-268-7869) or contact the court clerk directly to inquire about the days and hours small claims cases are heard.

Steps to file a small claims case in New York

Once you determine the proper jurisdiction, follow these steps to file your claim:

1. Visit the appropriate small claims court: Go to the small claims court in the county where the defendant lives, works, or does business.
2. Complete the statement of claim form: Obtain the form from the Court Clerk or, if available, download it from the court's website ahead of time. Provide detailed information about the dispute, the amount you are seeking, and any relevant evidence.
3. Pay the filing fee: The filing fee varies depending on the amount you are claiming, but you should expect to pay between $10 and $20. 
4. Serve the Defendant: After you file your claim, the Court Clerk will serve the defendant a notice by mail. If, for some reason, the defendant cannot be served by mail, the clerk will tell you what to do.
5. Prepare Your Case: Gather all evidence that supports your claim, such as contracts, receipts, photographs, and witness statements. Organize your documents systematically and practice presenting your case clearly and concisely.

What to expect on your court date

On your court date, arrive early and dress appropriately. Bring all your evidence and any witnesses who will support your case. The process typically involves the following steps:

1. Check-in: Upon arrival, check in with the court clerk and inform them that you are present for your case.
2. Mediation: Some courts offer mediation services where a neutral third party will help you and the defendant try to reach a settlement before going to trial. Mediation is voluntary but can save time and money if successful.
3. The hearing: If mediation is unsuccessful or not offered, your case will proceed to a hearing before a judge or arbitrator. Here’s what you can expect during the hearing:
   • Presentation of your case: As the claimant, you will go first. You will take an oath to tell the truth and then present your side of the story. This involves explaining the details of the dispute and presenting your evidence, such as documents, photographs, and any other relevant materials.
   • Questioning by the court and defendant: After presenting your case, the judge and the defendant may ask you questions to clarify points or challenge your claims.
   • Witness testimony: If you have witnesses, they will also take an oath to tell the truth before testifying. Your witnesses will provide their accounts, and both the court and the defendant can ask them questions.
   • Defendant’s case: The defendant will then take an oath and present their side of the story. They will explain their perspective on the dispute and provide their evidence.
   • Questioning by the claimant and the court: You and the judge can ask the defendant questions about their testimony and evidence. If the defendant has witnesses, they too will take an oath before testifying, and both you and the judge can question them.
4. The decision: After hearing both sides, the judge will make a decision. In some cases, the decision is given immediately; in others, it may be mailed to you later.

How to collect a small claims judgment

Unfortunately, winning a judgment in small claims court doesn’t guarantee payment. If the defendant refuses to satisfy the judgment, there are some steps you can take:

• Wage garnishment: You can request a court order to deduct a portion of the defendant’s wages until the judgment is paid. 
• Property seizure: You can request a court order to seize the defendant’s property to sell at auction and satisfy the judgment.
• Bank levy: You can request a court order to freeze the defendant’s account, allowing funds to be withdrawn solely to pay the judgment.

In New York, a small claims judgment is valid for 20 years. If necessary, you can renew the judgment before it expires to keep your right to collect.

Tips for success in small claims court

We can’t guarantee your small claims lawsuit will be successful. But we can provide you with some tips to increase your chances of having success:

Small claims courts are an excellent option for resolving disputes involving smaller amounts of money without the need for an attorney. By filing in the appropriate court and following our tips, you can increase your chances of success. 

If your claim is too complex or involves a significant amount of money, consider consulting with a New York attorney to explore your options. Many attorneys offer free initial consultations.