What Happens at a Small Claims Hearing in New York

Arrive Early and Check In

Get to the courthouse at least 30 minutes before your scheduled time. Find the correct courtroom or small claims part and check in with the courtroom clerk. You will need to give your name and case number. The clerk confirms you are present and marks you on the calendar.

Bring a photo ID and all three copies of your evidence. Dress respectfully — you do not need a suit, but the judge notices when people take the setting seriously.

The Calendar Call

The court attorney or clerk calls each case listed for that session. Both parties' names are read aloud. When your case is called, stand up and confirm you are present. Three things can happen at this stage:

Both parties present. The case proceeds to a hearing that day or is referred to mediation.

Defendant present, plaintiff absent. The case is dismissed.

Plaintiff present, defendant absent. The court holds an inquest. The plaintiff must present enough evidence to support the claim and damages before the court may enter a default judgment against the absent defendant.

If you need to request an adjournment, this is when you raise it with the clerk. But an adjournment request on the day of the hearing is far less likely to be granted than one made in advance in writing.

Judge or Arbitrator — The Choice

Some courts offer a choice between a judge and a court-appointed small claims arbitrator; others use mandatory arbitration. Ask the clerk whether your court lets parties choose. The arbitrator is a qualified attorney who serves as a neutral adjudicator.

With voluntary arbitration, both parties must consent in writing, and the 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. Arbitration is often faster than waiting for a spot on the judge's trial calendar.

Both parties must consent in writing only when arbitration is voluntary. A court using mandatory arbitration does not offer that choice; ask the clerk about any post-award option.

Presenting Your Case

Small claims hearings are informal compared to regular civil trials. There are no opening statements, no formal objections, and no rules of evidence in the strict procedural sense. The judge or arbitrator is looking for "substantial justice" — a fair result based on the facts and the applicable law.

The plaintiff goes first. They explain their claim, present their evidence, and may call witnesses.

Then the defendant. You present your defense, hand the judge your copy of the evidence binder, and explain your side. Walk the judge through the documents: the contract, the payments, the communications, the photos. Be specific and factual. "I paid $2,400 on March 3" is stronger than "I paid most of what was owed."

Cross-examination. After each side presents, the other side can ask questions. Keep questions short and pointed. The judge may also ask their own questions to clarify facts.

Witnesses. If you brought a witness, they testify in person. The judge will ask them directly. Written statements from people who are not present carry very little weight.

Tips for Defendants

Lead with your strongest evidence. If you have a receipt proving you already paid, a photo showing the work was never completed, or a text message where the other party admitted fault — present it early.

Answer the judge's questions directly. If the judge asks whether you signed the contract, say yes or no. Do not launch into a story.

Stay calm. Even if the plaintiff says something untrue, you will get your turn to respond. Interrupting or arguing with the other party makes a poor impression.

Do not memorize a script. Know your facts and let the judge guide the conversation. Overly rehearsed presentations sound less credible than straightforward answers.

After the Hearing

The judge almost never announces a decision on the spot. Instead, the judge "reserves decision" — they review the evidence and the applicable law, then mail a written Notice of Judgment to both parties within days or weeks. The clerk enters the judgment into the court's official docket once the decision is ready.

If you lose a judge's decision after a hearing, you have 30 days from service of the Notice of Entry to file an appeal (35 days if served by mail). A default judgment must be challenged by a motion or Order to Show Cause to vacate, not an appeal. For mandatory arbitration, see the 35-day new-trial request above; voluntary arbitration cannot be appealed.

Prepare for Hearing Day

The Responding to a Small Claims Case in New York guide includes a hearing day planner that walks you through what to bring, how to organize your presentation, and what to expect from the moment you walk into the courthouse.

See more New York guides →