How to Sue Contractor Small Claims New York

A contractor took your money, did shoddy work (or no work at all), and won't make it right. Small claims court is built for exactly this kind of dispute — you don't need a lawyer, and the filing fee is $10 to $20, depending on the court and claim amount.

Find the Contractor's Legal Name First

This is the step that trips up most filer. You cannot sue "Mike's Renovations" as a trade name — you need the legal entity or the individual behind it.

If the contractor is an LLC or corporation: Search the New York State Department of State (DOS) Corporation and Business Entity Database. Enter the business name, and the database will show you the exact legal name, current status, and address on file for service of process; it also lists a registered agent if the entity has one.

If the contractor operates as a sole proprietor with a d/b/a: Check the Assumed Name Certificates filed with the County Clerk in the county where the contractor operates. You'll need the individual's real name to file properly — "John Smith d/b/a Mike's Renovations."

Getting the name wrong means your judgment may be unenforceable, even if you win.

Picking the Right Court

File in the court covering the area where the contractor lives, works, or maintains a business — not where your property is (unless the contractor also operates there). The monetary caps:

• NYC Civil Court: up to $10,000
• City Courts (e.g., Buffalo, Yonkers): up to $5,000
• District Courts (Nassau/Western Suffolk): up to $5,000
• Town/Village Courts: up to $3,000

If your claim exceeds the cap, you can waive the excess and sue for the maximum, or file in regular civil court.

Evidence You Need

Contractor disputes live and die on documentation. Bring:

• The contract or written agreement — even a text message chain confirming scope, price, and timeline counts
• Proof of payment — cancelled checks, bank transfers, Venmo/Zelle receipts
• Photos of the work — before, during, and after (dated and printed)
• Your demand letter with the certified mail receipt
• Two independent written repair estimates from other licensed contractors if you're claiming the cost to fix or complete the work (one estimate is not enough under Section 1804)
• Communication records — texts, emails, voicemails showing the contractor's failure to respond or perform

If the contractor was unlicensed and local law required licensing (many New York municipalities have home improvement contractor licensing requirements), bring evidence of that requirement. General Business Law § 771 sets written-contract requirements; local licensing laws can bar an unlicensed contractor from recovering under the contract, but this does not automatically void the agreement.

Send a Demand Letter Before Filing

Mail a written demand by certified mail, return receipt requested. State the work that was promised, what was delivered (or not), the amount you're claiming, and a deadline to pay — typically 14 to 30 days. Reference specific contract provisions they violated.

Keep the certified mail receipt and a copy of the letter. If the contractor ignores it, both become evidence at your hearing.

What Happens at the Hearing

You'll present your evidence chronologically: here's the contract, here's what I paid, here's what was promised, here's what I got (or didn't get), here's what it costs to fix. The contractor gets to respond.

If the contractor doesn't show up, the judge conducts an inquest — you still present your evidence and prove your damages. The judge won't just hand you the amount you asked for without documentation.

Our Filing a Small Claims Case in New York guide includes worksheets for calculating contractor damages, a demand letter template tailored to construction disputes, and step-by-step instructions for the evidence binder you'll bring to court.

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