1. What Is the Small Claims Part of the Civil Court of New York?
The Small Claims Part of the Civil Court of the City of New York is designed to handle disputes involving monetary claims of up to $10,000 for individuals. It offers a simplified, cost-effective way to resolve minor disputes without the need for extensive legal representation.
2. What Is a Statement of Claim?
A Statement of Claim is the formal document used to initiate a case in the Small Claims Part. It outlines the details of the dispute, including:
- The amount of money being claimed.
- The reason for the claim.
- Information about the claimant and defendant.
3. Eligibility to File a Statement of Claim
You can file a Statement of Claim in the Small Claims Part if:
- You are at least 18 years old (minors need a guardian to file on their behalf).
- The defendant lives, works, or conducts business in New York City.
- Your claim involves $10,000 or less.
4. Steps to File a Statement of Claim
Step 1: Obtain the Statement of Claim Form
- Visit your local Civil Court of the City of New York or download the form from the NY Courts website.
Step 2: Complete the Form
Provide the following information:
- Claimant Details: Your name, address, and contact information.
- Defendant Details: The defendant’s name and address (essential for serving papers).
- Claim Amount: The monetary amount you are seeking (maximum $10,000).
- Reason for the Claim: A brief explanation of the dispute, including dates and relevant details.
Step 3: File the Form
- Submit the completed Statement of Claim form to the court clerk in person or by mail.
- Pay the filing fee:
- $15 for claims up to $1,000.
- $20 for claims between $1,001 and $10,000.
Step 4: Serve the Defendant
The court will notify the defendant by:
- Certified Mail: The most common and cost-effective method.
- Personal Service: Using a process server or sheriff’s office for an additional fee.
Step 5: Prepare for the Hearing
- Collect evidence such as contracts, receipts, photos, and written communications.
- Organize your documents and prepare a clear explanation of your claim.
Step 6: Attend the Hearing
- Appear at the scheduled court date to present your case.
- Bring all evidence and witnesses to support your claim.
5. Costs of Filing a Statement of Claim
| Claim Amount | Filing Fee |
|---|---|
| Up to $1,000 | $15 |
| $1,001–$10,000 | $20 |
Additional fees may apply for serving the defendant if certified mail is unsuccessful.
6. Tips for Filing a Strong Statement of Claim
- Double-Check Information: Ensure the defendant’s name and address are accurate.
- Be Concise: Write a clear and factual description of the dispute.
- Include Supporting Evidence: Attach copies of contracts, invoices, or receipts.
- Understand Court Rules: Familiarize yourself with the procedures of the Small Claims Part.
Frequently Asked Questions (FAQs)
1. Can I file my Statement of Claim online?
No, small claims cases in New York City must be filed in person or by mail at the appropriate court location.
2. How long does the small claims process take?
Most cases are resolved within 1–3 months, depending on court schedules.
3. What happens if the defendant doesn’t appear in court?
The judge may issue a default judgment in your favor if the defendant fails to appear.
4. Do I need a lawyer for small claims court?
No, small claims court is designed for self-representation, though you can consult a lawyer if desired.
5. Can I amend my Statement of Claim after filing?
Yes, but you must do so before the hearing date and may incur additional fees.
6. What if I don’t know the defendant’s address?
You must locate the defendant’s address to serve them. Consider using online resources or a private investigator.
Conclusion
Filing a Statement of Claim in the Small Claims Part of the Civil Court of the City of New York is a straightforward way to resolve disputes involving amounts up to $10,000. By completing the form accurately, preparing your evidence, and following court procedures, you can increase your chances of a successful outcome. Contact your local Civil Court for specific filing details and assistance.