1. What Is Small Claim Court in Brooklyn?
Small claim court in Brooklyn is a part of the New York City Civil Court system that handles minor disputes involving monetary claims. It provides an affordable and straightforward way for individuals to settle conflicts without hiring an attorney.
Small claim courts are ideal for cases where the claim involves money, not property or criminal matters.
2. What Types of Cases Are Filed in Brooklyn Small Claim Court?
You can file a small claim in Brooklyn for disputes involving:
- Unpaid debts: Someone owes you money but refuses to pay.
- Property damage: Minor car accidents, broken property, or repairs.
- Breach of contract: Services paid for but not completed.
- Landlord-tenant disputes: Unreturned security deposits.
- Consumer complaints: Refunds for faulty goods or poor-quality services.
3. Claim Limits in Brooklyn Small Claim Court
The maximum amount you can claim in Brooklyn’s small claim court is $10,000.
| Plaintiff Type | Claim Limit |
|---|---|
| Individuals | $10,000 |
| Businesses/Corporations | $5,000 |
If your claim exceeds $10,000, you must file your case in civil court or lower your claim to meet the small claims limit.
4. Where to File Small Claims in Brooklyn
Small claims cases in Brooklyn are filed at the Kings County Civil Court:
Brooklyn Small Claim Court Address:
Kings County Civil Court – Small Claims Part
141 Livingston Street
Brooklyn, NY 11201
Court Hours:
Monday–Friday, 9:00 a.m. to 5:00 p.m.
Contact Information:
- Phone: (718) 618-2513
- Website: NYC Civil Court Website
5. How to File a Small Claim in Brooklyn
Step 1: Gather Information for Your Claim
Collect all necessary details, including:
- The full legal name and address of the defendant (individual or business).
- A clear explanation of the dispute (dates, events, amounts owed).
- Supporting evidence:
- Receipts, contracts, or invoices.
- Photos of damaged property.
- Communication records (emails, texts).
Step 2: Complete the Claim Form
Visit the Kings County Civil Court Clerk’s Office to obtain the required forms or download them from the court’s website.
You must provide:
- Your name, address, and phone number.
- The defendant’s name and contact details.
- The total amount you are claiming.
Note: You must explain why the defendant owes you money and provide any supporting documents.
Step 3: File the Claim and Pay the Filing Fee
Submit the completed claim form at the Clerk’s Office. You must pay a filing fee based on the amount you are claiming:
| Claim Amount | Filing Fee |
|---|---|
| Up to $1,000 | $15 |
| $1,001–$10,000 | $20 |
You can pay the fee in cash, credit/debit card, or money order. Once filed, the court will assign you a case number and a hearing date.
Step 4: Serve the Defendant
After filing your claim, the court will notify the defendant. In Brooklyn, this is typically done by the court via certified mail.
If the court cannot serve the defendant by mail, you may need to hire a process server or ask the sheriff to deliver the documents.
Proof of Service is required to confirm that the defendant received notice of the claim.
Step 5: Prepare for Court
To strengthen your case, organize all evidence and documentation, including:
- Contracts, invoices, or receipts showing the amount owed.
- Photographs of damages, if applicable.
- Witness statements or written testimonies.
- A clear and logical explanation of the events leading to the dispute.
Tip: Make at least three copies of all documents—one for yourself, one for the judge, and one for the defendant.
Step 6: Attend the Court Hearing
On the scheduled date:
- Arrive early and check in with the court clerk.
- Present your case clearly and factually:
- Explain why you are owed money.
- Show supporting evidence.
- Allow the defendant to respond and present their side.
What to Expect:
- Hearings are typically short (15–30 minutes).
- The judge may issue a decision immediately or send the ruling by mail.
6. What Happens After the Hearing?
If You Win the Case:
If the judge rules in your favor, the defendant must pay the judgment amount. If the defendant does not pay voluntarily, you can:
- Garnish wages: Deduct money directly from their paycheck.
- Seize bank funds: File a bank levy to collect the amount owed.
- Place a lien: Attach a lien to the defendant’s property.
If You Lose the Case:
If the judge rules against you:
- You do not receive any payment.
- You can appeal the decision within 30 days (if applicable).
7. What to Do If the Defendant Does Not Pay
Winning a case does not guarantee immediate payment. If the defendant refuses to pay, you can enforce the judgment using the following methods:
- Wage Garnishment: Deduct payments from their wages.
- Bank Levy: Freeze and collect money from their bank account.
- Property Lien: File a lien on their real estate or other valuable property.
You may need to file additional forms and pay fees to enforce the judgment.
8. Tips for Success in Brooklyn Small Claim Court
- Be Prepared: Gather all evidence and documents.
- Stay Organized: Present your case clearly and confidently.
- Follow Deadlines: File forms and serve the defendant on time.
- Be Professional: Remain calm and respectful during the hearing.
9. Alternatives to Small Claim Court
Before filing a claim, consider these alternatives:
- Mediation: Brooklyn courts offer free mediation services to resolve disputes outside court.
- Settlement Negotiation: Send a demand letter requesting payment or a resolution.
Conclusion
Filing a case in Brooklyn small claim court is a straightforward way to resolve minor disputes involving up to $10,000. By understanding the process—filing your claim, serving the defendant, preparing evidence, and attending the hearing—you can successfully present your case and recover the money owed to you. Small claims court is an accessible solution for individuals and businesses seeking fair resolutions without the complexity of hiring a lawyer.