NYC Small Claim Court: Everything You Need to Know


  1. What is Small Claim Court in NYC?
    Small Claim Court in NYC is part of the New York City Civil Court system designed to handle disputes involving monetary amounts of $10,000 or less. It offers a straightforward and cost-effective way to resolve disputes without requiring extensive legal representation.

  1. Who Can File a Case in NYC Small Claim Court?
  • Individuals: Any individual 18 years or older can file a claim. Minors must have a guardian file on their behalf.
  • Businesses: Sole proprietors, partnerships, and corporations can also file small claims.

  1. What Types of Cases Does NYC Small Claim Court Handle?
    Common disputes include:
  • Unpaid Debts: Recovering loans, wages, or invoices.
  • Property Damage: Claims for repairs or compensation.
  • Breach of Contract: Resolving unfulfilled agreements.
  • Consumer Complaints: Claims for defective products or poor services.
  • Landlord-Tenant Disputes: Issues over unpaid rent or property damage (not eviction cases).

  1. Small Claim Court Limit in NYC
    The maximum claim amount in NYC Small Claim Court is $10,000.
  • Alternative Option: For claims up to $5,000, you can file in the Small Claims part of the Justice Court.

  1. How to File a Case in NYC Small Claim Court

Step 1: Determine Eligibility

Ensure your claim qualifies under the $10,000 limit and involves a monetary dispute.

Step 2: File Your Claim

  • Where to File: Visit the Small Claims Court in the borough where the defendant lives, works, or has a business.
  • Online Filing: NYC allows online initiation for some cases; check availability on the NYC Civil Court website.

Step 3: Pay the Filing Fee

  • Claims up to $1,000: $15 fee.
  • Claims over $1,000: $20 fee.

Step 4: Serve the Defendant

  • Notify the defendant of your claim through court-approved service methods, such as certified mail or a process server.

Step 5: Attend the Hearing

  • Present your case, supported by evidence such as contracts, receipts, or photographs.

  1. Preparing for Your NYC Small Claim Court Hearing
  • Gather Evidence: Collect all relevant documentation to support your case.
  • Practice Your Statement: Clearly explain your claim and desired outcome.
  • Bring Witnesses: If applicable, have witnesses attend to strengthen your case.

  1. Costs Associated with NYC Small Claim Court
  • Filing fees range from $15 to $20, depending on the claim amount.
  • Additional fees may apply for serving the defendant or requesting judgment enforcement.

  1. Alternatives to NYC Small Claim Court
    If you prefer not to file a court case, consider these options:
  • Mediation Services: NYC provides free mediation services through the Office of Administrative Trials and Hearings (OATH).
  • Negotiation: Attempt to settle the dispute directly with the opposing party.

  1. What Happens After the Hearing?
  • Judge’s Decision: A judge or arbitrator will issue a decision based on the evidence presented.
  • Judgment Enforcement: If the defendant does not comply, you can file for wage garnishment or asset seizure.
  • Appeals: Either party can appeal within 30 days of the decision if dissatisfied.

  1. Frequently Asked Questions (FAQs)
  • Can I have a lawyer in NYC Small Claim Court?
    Yes, but it is not required. Most individuals represent themselves.
  • How long does it take to resolve a case?
    Small claims cases in NYC are typically resolved within 2–6 months.
  • What if the defendant doesn’t respond?
    The court may issue a default judgment in your favor.
  • Can I file a claim against someone outside NYC?
    The defendant must have ties to NYC, such as residence, work, or business.
  • What if my claim exceeds $10,000?
    You must file your case in NYC Civil Court instead of Small Claims Court.
  • Can I file multiple claims?
    Yes, but the total amount claimed in any year cannot exceed $10,000.

  1. Conclusion: Resolve Disputes in NYC Small Claim Court
    NYC Small Claim Court provides a straightforward and affordable way to settle disputes under $10,000. By understanding the filing process, gathering evidence, and preparing for your hearing, you can confidently navigate the court system and achieve a fair resolution.