How to File a Case in Brooklyn Small Claim Court


  1. What is Small Claim Court in Brooklyn?
    Small Claim Court in Brooklyn is part of the New York City Civil Court system. It handles disputes involving monetary amounts up to $10,000, providing a simplified and affordable way for individuals and businesses to resolve disagreements without extensive legal procedures.

  1. Who Can File in Brooklyn Small Claim Court?
  • Individuals: Anyone 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 claims, subject to the monetary limit.

  1. What Types of Cases Does Brooklyn Small Claim Court Handle?
    Common disputes include:
  • Unpaid Debts: Recovering loans, wages, or invoices.
  • Property Damage: Seeking compensation for repairs or replacement costs.
  • Breach of Contract: Resolving unfulfilled agreements.
  • Consumer Complaints: Addressing defective products or poor services.
  • Landlord-Tenant Issues: Claims for security deposit refunds or minor damages (not eviction cases).

  1. Claim Limits in Brooklyn Small Claim Court
  • Individuals: Maximum of $10,000 per claim.
  • Businesses: Maximum of $5,000 per claim.

If your claim exceeds these limits, you’ll need to file in the Civil Court.


  1. Steps to File a Small Claim in Brooklyn

Step 1: Determine the Proper Court

  • File in the Brooklyn courthouse of the New York City Civil Court located at:
    Kings County Civil Court
    141 Livingston Street, Brooklyn, NY 11201

Step 2: Complete the Required Forms

  • SC-100 (Small Claims Application): Provide details about your claim, including the amount, the reason for the lawsuit, and supporting evidence.

Step 3: File Your Claim

  • File the completed forms at the courthouse or online through the New York City Civil Court’s e-Filing system if available.
  • Pay the filing fee based on the amount claimed:
    • Claims up to $1,000: $15
    • Claims over $1,000: $20

Step 4: Serve the Defendant

  • Notify the defendant using an approved service method:
    • Certified Mail: Handled by the court clerk for an additional fee.
    • Personal Service: Delivered by a process server or sheriff.
  • Ensure service is completed at least 15 days before the hearing date.

Step 5: Prepare for Your Hearing

  • Gather evidence such as contracts, invoices, receipts, photos, or communication records.
  • Practice presenting your case clearly and concisely.
  • Bring any witnesses who can support your claim.

Step 6: Attend the Hearing

  • Arrive early and bring all necessary documents.
  • Present your case respectfully and respond to any questions from the judge.

  1. Costs of Filing a Small Claim in Brooklyn
  • Filing Fees: $15–$20 depending on the amount claimed.
  • Service Fees: Certified mail or process server fees range from $20 to $75.
  • Additional Costs: Fees for enforcing judgments, such as wage garnishment or liens, if necessary.

  1. What Happens After the Hearing?
  • Judge’s Decision: A ruling is typically issued on the same day or within a few days.
  • Enforcement of Judgment: If the defendant doesn’t comply, you can pursue enforcement actions like wage garnishment or property liens.
  • Appeals: Only the defendant can appeal, and they must do so within 30 days of the ruling.

  1. Alternatives to Filing a Small Claim
    Before filing, consider these options:
  • Mediation: The Brooklyn Civil Court offers free mediation services to help resolve disputes amicably.
  • Negotiation: Attempt to settle the dispute directly with the other party.

  1. Frequently Asked Questions (FAQs)
  • Can I have a lawyer in Brooklyn Small Claim Court?
    Lawyers are not required or allowed to represent clients during the hearing, but you can consult one for advice beforehand.
  • Can I file a claim online in Brooklyn?
    Yes, Brooklyn’s Civil Court offers e-Filing for some small claims cases. Visit the NYC Civil Court website for details.
  • What if the defendant doesn’t show up?
    The court may issue a default judgment in your favor.
  • How long does it take to resolve a small claim in Brooklyn?
    Most cases are resolved within 30–90 days, depending on court schedules.
  • What if my claim exceeds $10,000?
    You’ll need to file your case in the regular Civil Court.
  • Can I recover court fees if I win?
    Yes, the court may order the defendant to reimburse your filing and service fees.

  1. Conclusion: Filing a Small Claim in Brooklyn Simplified
    Brooklyn Small Claim Court provides an efficient and cost-effective way to resolve disputes under $10,000. By understanding the process, gathering evidence, and preparing thoroughly, you can confidently present your case and achieve a fair resolution.