Small claims court in New York is built for people without lawyers. You sue for money only, the filing fee is low, and the court handles notifying the other side.
How much can you sue for?
The limit depends on the court. In New York City Civil Court, the limit is $10,000. City courts outside New York City and the Suffolk and Nassau District Courts generally cap at $5,000, and town and village justice courts at $3,000. Check the court that covers where the defendant lives, works or has a business.
How much does it cost?
In New York City, the filing fee is $15 for claims under $1,000 and $20 for claims above that. Some courts add a small postage or service charge, and commercial claims by businesses cost more. Other courts set their own amounts within a similar range, so confirm with the clerk.
Do you need a lawyer?
No. Small claims is designed so that you can represent yourself. If you want a lawyer anyway, ask the clerk whether the court allows one to appear and what the rules are, because they vary by court.
How to file and serve the case
- File the claim at the court where the person you are suing lives, works or does business. You fill out a short form and pay the fee.
- The court clerk notifies the defendant by mail. If the mail does not work, the clerk tells you what to do next.
- Gather your proof: contracts, receipts, photos, texts, emails. Bring originals and copies.
- Go to the hearing on your date. If you do not show, the case can be dismissed.
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How to collect a small claims judgment
Winning is not the same as getting paid. If the defendant does not pay after the deadline, the judgment creditor can use enforcement tools. These typically include a restraining notice to freeze a bank account, an income execution to take part of wages, or an execution on property carried out by a marshal or sheriff. An information subpoena can help you find out where the defendant banks or works. The court clerk can explain which forms to use.
Where a notary comes in
Small claims itself rarely needs notarized papers. Supporting documents sometimes do, such as an affidavit from a witness or a sworn statement of what happened. We can notarize those, but we cannot tell you whether you have a case.
Frequently asked questions
How much can you sue for in small claims court in New York?
$10,000 in New York City Civil Court. Most other New York city and district courts cap at $5,000, and town and village courts at $3,000.
How much does it cost to file small claims in New York City?
$15 for claims under $1,000 and $20 for larger claims. Other courts differ, so check with the clerk.
Do you need a lawyer for small claims in New York?
No. The court is designed for people to represent themselves. Ask the clerk whether your court lets a lawyer appear if you want one.
How do you serve someone for small claims court?
The court clerk notifies the defendant by mail. If that fails, the clerk tells you the next step.
How do you collect a small claims judgment?
If the defendant does not pay, you can use tools like a bank restraining notice, income execution or property execution. The clerk can explain the forms.
What is the maximum for small claims court?
It depends on the court: $10,000 in NYC Civil Court, usually $5,000 in other city and district courts and $3,000 in town and village courts.
Related reading
- Representing yourself: which court forms need a notary
- Affidavits of service in New York
- How to write an affidavit
- Getting a sworn statement right
This article is general information, not legal advice. Laws, court fees and forms change, so confirm with the court or agency involved. NotarEaseNYC is a notary service, not a law firm, and a notary cannot advise you on what to write or which legal route to take.