New York Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in New York: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for New York
- Small claims limit
- $10,000 in New York City Civil Court; $5,000 in City Courts outside NYC and in the Nassau and Suffolk District Courts; $3,000 in Town and Village Justice Courts. Interest and costs are not counted. Claims are for money only. NYC Civil Ct. Act § 1801; Uniform City Ct. Act § 1801; Uniform District Ct. Act § 1801; Uniform Justice Ct. Act § 1801
- Filing fee
- NYC Civil Court and City Courts: $15 for claims of $1,000 or less and $20 for claims over $1,000. Town and Village Justice Courts: $10 and $15. A defendant's counterclaim costs $5 ($3 in justice courts) plus mailing costs. Commercial claims cost $25 plus mailing costs. NYC Civil Ct. Act § 1803; Uniform City Ct. Act § 1803; Uniform Justice Ct. Act § 1803; NYC Civil Ct. Act § 1803-A
- Are lawyers allowed?
- Yes. A corporation may defend through an attorney or through an authorized officer, director or employee. NYC Civil Ct. Act § 1809(2)
- Appeals
- The claimant who started the case gives up the right to appeal, except that either party may appeal only on the ground that substantial justice was not done under the substantive law. The appeal deadline is the earliest of 30 days after receiving the judgment in court, 30 days after personal delivery by another party, or 35 days after it is mailed. NYC Civil Ct. Act §§ 1807, 1811(c)
Court: Small Claims Part of the NYC Civil Court, City Courts, Nassau/Suffolk District Courts, or Town and Village Justice Courts. Last verified: 2026-10-24.
How to file a small claims case in New York
- Confirm your claim is for money only and within the limit for your court ($10,000 in NYC; $5,000 in City and District Courts; $3,000 in Town and Village Courts).
- If you are a business, use the commercial claims part instead (no more than five claims a month, and send a demand letter first for consumer debts).
- File a statement of your claim with the small claims clerk and pay the $10 to $20 filing fee; no summons is needed.
- The clerk mails the notice to the defendant by first-class and certified mail.
- If you are the defendant, file any counterclaim within 5 days of receiving notice; demand a jury before the appearance date if you want one.
- Bring itemized paid bills or two estimates, documents and witnesses to the informal hearing; evening sessions are available in NYC.
- An appeal is allowed only on the ground that substantial justice was not done, within 30 days (35 if the judgment is mailed).
- If you are not paid, ask the clerk for information subpoenas and use garnishment, liens or property execution through a sheriff or marshal.
Can you use small claims court?
| Small claims limit | $10,000 in New York City Civil Court; $5,000 in City Courts outside NYC and in the Nassau and Suffolk District Courts; $3,000 in Town and Village Justice Courts. Interest and costs are not counted. Claims are for money only. In NYC, the defendant must live, have a business office or be regularly employed in the city; a tenant may also sue the landlord there about a NYC rental. § 1801 last revised July 7, 2023. Other courts: https://www.nysenate.gov/legislation/laws/UCT/1801 ; https://www.nysenate.gov/legislation/laws/UDC/1801 ; https://www.nysenate.gov/legislation/laws/UJC/1801 |
|---|---|
| Who can file | Individuals. Corporations, partnerships, associations, assignees and insurers generally cannot file small claims (municipal and public benefit corporations and school districts excepted). Corporations, partnerships and associations with a principal office in New York may instead file 'commercial claims' up to the same limit, no more than five per calendar month, for a $25 fee plus mailing costs; a demand letter is required first for consumer debts. Commercial claims: https://www.nysenate.gov/legislation/laws/CCA/1803-A |
| Are lawyers allowed? | Yes. A corporation may defend through an attorney or through an authorized officer, director or employee. Source: NYC Civil Ct. Act § 1809(2) |
Filing your case
| Where to file | In NYC, the defendant must live in the city, have an office there for business, or be regularly employed there; a tenant may sue the landlord about a rental located in NYC. Outside NYC, file in the city, district, town or village court whose small claims rules cover the defendant's location. Venue rules for courts outside NYC were not individually confirmed. Source: NYC Civil Ct. Act § 1801 |
|---|---|
| Filing fee | NYC Civil Court and City Courts: $15 for claims of $1,000 or less and $20 for claims over $1,000. Town and Village Justice Courts: $10 and $15. A defendant's counterclaim costs $5 ($3 in justice courts) plus mailing costs. Commercial claims cost $25 plus mailing costs. City Courts: https://www.nysenate.gov/legislation/laws/UCT/1803 ; Justice Courts: https://www.nysenate.gov/legislation/laws/UJC/1803 |
| Serving the defendant | No summons is needed. The clerk mails notice of the claim to the defendant by both first-class mail and certified mail, return receipt requested. If the first-class letter is not returned as undeliverable within 21 days, the defendant is presumed to have received it. In NYC, notice in a landlord-tenant claim may go to any place in New York State where the tenant pays rent. Source: NYC Civil Ct. Act § 1803 |
Before and at the hearing
| When the hearing happens | The statute calls for an early hearing but sets no fixed number of days. Each NYC small claims part must hold at least one evening session a month. Source: NYC Civil Ct. Act §§ 1803, 1802 |
|---|---|
| Does the defendant file an answer? | No formal answer is required; the defendant appears at the hearing. A defendant who wants a jury must file a written demand before the time to appear or answer. Source: NYC Civil Ct. Act §§ 1803, 1806 |
| Counterclaims | The defendant files a counterclaim with the clerk within 5 days after receiving notice and pays the fee; a later counterclaim is still allowed, but the claimant may ask for an adjournment. Counterclaims are limited to the small claims dollar limit; larger claims against the claimant must be brought in a court with jurisdiction. |
| Jury trial | The claimant waives a jury by filing in small claims. The defendant may demand a jury before the time to appear, with a sworn statement that there are factual issues needing a jury, the jury fee, and a $50 undertaking or cash deposit; the case is then moved to a regular part of the court. Source: NYC Civil Ct. Act § 1806 |
After the decision
| Appeals | The claimant who started the case gives up the right to appeal, except that either party may appeal only on the ground that substantial justice was not done under the substantive law. The appeal deadline is the earliest of 30 days after receiving the judgment in court, 30 days after personal delivery by another party, or 35 days after it is mailed. |
|---|---|
| Collecting your judgment | The judgment notice warns that nonpayment can lead to wage or bank garnishment, liens and seizure and sale of property, suspension of a driver's license and registration (vehicle claims), business license action, and Attorney General referral. The clerk issues information subpoenas at nominal cost to help locate assets. A business debtor with two other unpaid small claims judgments who does not pay within 30 days of notice can be sued for three times the unpaid amount plus attorney's fees. Source: NYC Civil Ct. Act §§ 1811, 1812 |
Deadline to sue
6 years for an action on a contract, written or oral (express or implied), including suits for unpaid rent or lease damages. N.Y. CPLR 213(2)
Suing a landlord or tenant in New York
Tenants can sue a landlord in NYC small claims about a NYC rental, and notice to a tenant may be mailed anywhere in the state where rent is paid. Landlords suing as individuals can bring rent or damage claims; landlords that are corporations, partnerships or associations cannot file small claims and use the commercial claims part instead.
- New York security deposit demand letter (send before you sue)
- New York security deposit law
- Tenant lawyers and free legal aid in New York
New York small claims FAQ
What is the small claims limit in New York?
$10,000 in New York City Civil Court; $5,000 in City Courts outside NYC and in the Nassau and Suffolk District Courts; $3,000 in Town and Village Justice Courts. Interest and costs are not counted. Claims are for money only.
Who can file a small claims case in New York?
Individuals. Corporations, partnerships, associations, assignees and insurers generally cannot file small claims (municipal and public benefit corporations and school districts excepted). Corporations, partnerships and associations with a principal office in New York may instead file 'commercial claims' up to the same limit, no more than five per calendar month, for a $25 fee plus mailing costs; a demand letter is required first for consumer debts.
Can you bring a lawyer to small claims court in New York?
Yes. A corporation may defend through an attorney or through an authorized officer, director or employee.
Where do I file a small claims case in New York?
In NYC, the defendant must live in the city, have an office there for business, or be regularly employed there; a tenant may sue the landlord about a rental located in NYC. Outside NYC, file in the city, district, town or village court whose small claims rules cover the defendant's location.
How much does it cost to file in small claims court in New York?
NYC Civil Court and City Courts: $15 for claims of $1,000 or less and $20 for claims over $1,000. Town and Village Justice Courts: $10 and $15. A defendant's counterclaim costs $5 ($3 in justice courts) plus mailing costs. Commercial claims cost $25 plus mailing costs.
How do I serve the other side in a New York small claims case?
No summons is needed. The clerk mails notice of the claim to the defendant by both first-class mail and certified mail, return receipt requested. If the first-class letter is not returned as undeliverable within 21 days, the defendant is presumed to have received it. In NYC, notice in a landlord-tenant claim may go to any place in New York State where the tenant pays rent.
How long does a small claims case take in New York?
The statute calls for an early hearing but sets no fixed number of days. Each NYC small claims part must hold at least one evening session a month.
Does a defendant have to file an answer in New York small claims court?
No formal answer is required; the defendant appears at the hearing. A defendant who wants a jury must file a written demand before the time to appear or answer.
Can the defendant file a counterclaim in New York small claims court?
The defendant files a counterclaim with the clerk within 5 days after receiving notice and pays the fee; a later counterclaim is still allowed, but the claimant may ask for an adjournment. Counterclaims are limited to the small claims dollar limit; larger claims against the claimant must be brought in a court with jurisdiction.
Is there a jury in New York small claims court?
The claimant waives a jury by filing in small claims. The defendant may demand a jury before the time to appear, with a sworn statement that there are factual issues needing a jury, the jury fee, and a $50 undertaking or cash deposit; the case is then moved to a regular part of the court.
Can you appeal a small claims decision in New York?
The claimant who started the case gives up the right to appeal, except that either party may appeal only on the ground that substantial justice was not done under the substantive law. The appeal deadline is the earliest of 30 days after receiving the judgment in court, 30 days after personal delivery by another party, or 35 days after it is mailed.
How do I collect a small claims judgment in New York?
The judgment notice warns that nonpayment can lead to wage or bank garnishment, liens and seizure and sale of property, suspension of a driver's license and registration (vehicle claims), business license action, and Attorney General referral. The clerk issues information subpoenas at nominal cost to help locate assets. A business debtor with two other unpaid small claims judgments who does not pay within 30 days of notice can be sued for three times the unpaid amount plus attorney's fees.
Small claims limits in all 50 states and DC · Small claims court in other states
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