How to File Small Claims Court New York: Step-by-Step Process

Step 1: Confirm Your Claim Qualifies

Small claims court in New York handles money claims only. You can sue for debts, property damage, security deposits, unpaid invoices, and breach of contract. The court cannot order someone to do something (like finish a repair job), return your property, issue an injunction, or award pain-and-suffering damages. Claims against New York State agencies belong in the Court of Claims; for claims against local governments, serve a Notice of Claim within 90 days and wait at least 30 days after serving it before filing.

Check the dollar limit for your court:

• NYC Civil Court: up to $10,000
• City Courts (Buffalo, Rochester, etc.): up to $5,000
• District Courts (Nassau, western Suffolk): up to $5,000
• Town and Village Courts: up to $3,000

If your claim exceeds the cap, you can waive the excess or file a regular civil action. Do not split the claim into two filings to avoid the cap; splitting can waive the excess or result in dismissal of later actions.

Step 2: Identify the Right Court and Venue

File in the court that has jurisdiction over the defendant. The defendant must live, work, or maintain a business within that court's geographic territory.

• NYC: The defendant must live, work, or have a business address in NYC. File in a borough where either party lives, works, or has a business address; if you live outside NYC, file in the borough where the defendant lives, works, or does business.
• Nassau and Suffolk Counties: Nassau claims go to Nassau District Court or Glen Cove City Court, depending on defendant location; western Suffolk claims go to District Court; eastern Suffolk claims go to the Town Court for the defendant's town.
• Other counties served by a City Court: You can file in any City Court in the county where the defendant lives, works, or does business (up to $5,000). A Town or Village Court in the defendant's territory may also be an option (up to $3,000).
• Other counties without a City Court: File in the Town or Village Court with territorial jurisdiction over the defendant (up to $3,000).

For a claim related to your tenancy or lease, you may also file in a court serving the county or NYC borough where property you rent or rented is located, if the defendant owns that property.

Step 3: Verify the Defendant's Legal Name

This step prevents one of the most common filing mistakes. If you're suing a business, you need the exact legal name — not the storefront sign, not the website name, not what's on the business card.

For corporations and LLCs, search the NYS Department of State Corporation and Business Entity Database online. For sole proprietors using a trade name, check the County Clerk's office in the county where the business operates for assumed name (DBA) certificates.

A judgment against the wrong name is unenforceable. Get this right before you file.

Step 4: Send a Demand Letter

Not required for individual small claims, but strongly recommended. A written demand puts the defendant on notice and shows the court you tried to resolve things before filing. Some defendants pay after receiving a letter, saving you the filing process entirely.

For commercial claims (where a business is suing an individual over a consumer transaction), a demand letter is mandatory. You must use Form UCS-124 and send it by ordinary first-class mail 10 to 180 days before filing.

Step 5: File the Claim

Complete the appropriate form:

• NYC: Form CIV-SC-50 (individuals) or CIV-SC-70 (commercial claims)
• Outside NYC: the local court's small claims application form

Include the defendant's physical street address (no P.O. boxes), a description of your claim in plain language, and the dollar amount.

Bring the form and filing fee to the clerk's office:

• $15 for claims of $1,000 or less
• $20 for claims over $1,000
• $25 for commercial claims (plus mailing costs)

The clerk reviews everything, assigns a hearing date, and handles initial service by mailing a notice to the defendant via certified mail and first-class mail.

Step 6: Track Service of Process

After filing, the court clerk mails the notice. For regular small claims, if the ordinary first-class copy is not returned as undeliverable within 21 days after mailing, the defendant is presumed to have received notice. Service is also complete if certified mail is signed for, or if it comes back unclaimed or refused and the first-class copy is not returned as undeliverable. For commercial claims arising from consumer transactions, the presumption period is 30 days.

If both mailings are returned, the clerk notifies you and you'll need to arrange personal service — someone who is 18 or older and not involved in the case must serve the defendant in person. You have 120 days from filing to complete service. Miss that deadline and the court dismisses your case (though you can refile).

Step 7: Prepare Your Evidence

Print everything. Judges and arbitrators will not look at documents on phones or tablets. Make three copies of each document: one for the adjudicator, one for the defendant, one for yourself.

Your evidence package should include:

• Contracts, leases, or written agreements
• Proof of payment (bank statements, canceled checks, Venmo/Zelle receipts)
• Dated photos or video stills showing damage
• Written communications (emails, texts, letters — all printed)
• For repair damages: an itemized bill or invoice, receipted or marked paid, or two independent itemized written estimates from qualified repair providers

For repair or service damages, an itemized bill or invoice, receipted or marked paid, or two independent itemized written estimates from qualified providers is prima facie evidence of reasonable value and necessity under Section 1804 of the applicable court act.

Step 8: Attend the Hearing

Show up on time. Some courts offer a choice between a judge trial and voluntary arbitration by a volunteer attorney. By consenting to voluntary arbitration, both parties waive ordinary appeal rights, subject to narrow statutory exceptions. Syracuse City Court schedules small-claims cases before arbitrators unless the plaintiff requests a judge when filing or the defendant requests one in writing within five days after receiving the summons. In mandatory arbitration, a non-defaulting party may request a new trial before a judge within 35 days after the award is mailed.

Present your case plainly: what happened, what you're owed, and here's the evidence. The rules are informal — no need for legal jargon. Let the documents do the heavy lifting.

If the defendant doesn't appear, you still have to prove your case in an inquest under oath. Default doesn't equal automatic judgment.

Step 9: Collect Your Judgment

If you win, the court enters a judgment but doesn't collect the money for you. Give the defendant time to pay voluntarily. If they don't, enforcement tools include information subpoenas, restraining notices on bank accounts, and income execution through the Sheriff or NYC Marshal.

The New York Small Claims Filing Guide covers every step in detail, with printable checklists, a deadline calendar, an evidence binder organizer, and a service tracking log — everything you need to file confidently without hiring a lawyer.

See more New York guides →