New York Small Claims Court Rules

Four Court Tiers, Four Sets of Limits

New York does not have a single small claims court. It has four, each governed by its own statute and rules:

NYC Civil Court handles claims up to $10,000 under the N.Y. City Civil Court Act Article 18. It covers the five boroughs — Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.

City Courts outside NYC handle claims up to $5,000 under the Uniform City Court Act Article 18. These operate in cities like Buffalo, Rochester, Syracuse, Yonkers, and Albany.

District Courts in Nassau and Suffolk Counties handle claims up to $5,000 under the Uniform District Court Act Article 18.

Town and Village Justice Courts handle claims up to $3,000 under the Uniform Justice Court Act Article 18. These cover suburban and rural jurisdictions across the rest of the state.

The monetary caps apply to the principal amount only — statutory interest and court costs are excluded from the calculation.

No Formal Written Answer Required

This is the rule that trips up most defendants. In a regular civil case, CPLR Section 320(a) sets a 20- or 30-day period to appear, while CPLR Section 3012 sets deadlines for serving an answer. Those pleading deadlines do not apply in small claims court. Under Section 1804 of each court act, defendants satisfy their obligation by appearing at the scheduled hearing. No answer form, no written response, no deadline to mail anything back.

You may submit a written statement or file a counterclaim before the hearing if you want to, but failing to do so does not count as a default. Only failing to appear counts.

How Service Works

The court clerk — not the plaintiff — handles service. The clerk mails the Notice of Claim to the defendant via two methods: certified mail with return receipt requested, and ordinary first-class mail. Service is legally complete if the first-class mailing is not returned as undeliverable within 21 days (30 days for consumer-transaction cases), even if the certified mail comes back unsigned.

Hearing Procedures

Small claims hearings are designed to produce "substantial justice" without the full formality of a regular trial. Here is how they typically work:

Calendar call. The clerk calls each case to confirm who is present. If the defendant does not appear, the judge conducts a brief inquest to assess the claim and damages before entering a default judgment. If the plaintiff does not appear, the case is dismissed.

Judge or arbitrator. Some courts offer voluntary arbitration by a court-appointed small claims arbitrator, while others use mandatory arbitration. Check with the clerk about the procedure in your court. Voluntary arbitration requires both parties' written consent and its award is final and binding, with no right to appeal. In mandatory arbitration, a party who is not in default may request a new trial before a judge within 35 days after the award is mailed. A judge's decision preserves appeal rights, except that a default judgment must be challenged by a motion to vacate rather than an appeal.

Relaxed evidence rules. The court accepts documents and testimony without the strict evidentiary standards of regular civil proceedings. But "relaxed" does not mean "anything goes." Bring printed evidence organized in three copies. Judges can and do refuse to look at photos or texts on a phone screen.

Counterclaims and Jury Demands

A defendant who believes the plaintiff owes them money from the same transaction can file a small claims counterclaim for $3 to $5 plus postage. The monetary cap of the specific court applies to counterclaims as well.

A defendant can also demand a jury trial, which transfers the case to the regular civil part. This requires a sworn good-faith affirmation, the statutory jury fee ($55 in NYC Civil Court, $70 in City and District Courts, or $10 in Town/Village Courts), and the required $50 fee or undertaking.

After the Decision

Judges rarely announce their decision from the bench. The clerk mails a written Notice of Judgment to both parties afterward. If you lose a judge's decision after a hearing, you have 30 days from service of the Notice of Entry to file a Notice of Appeal (35 days if served by mail). A default judgment must be challenged by a motion to vacate rather than an appeal. Unpaid judgments accrue interest at 9% per year.

Get the Complete Procedural Walkthrough

The Responding to a Small Claims Case in New York guide covers all four court tiers from the defendant's perspective — from reading the notice through post-decision remedies — with printable worksheets for evidence organization, counterclaim tracking, and hearing preparation.

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