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Small claims court in New York (2026)

In New York you can sue for up to $10,000 (lower in some courts; businesses can't sue) in small claims. Court: Small Claims Part of the Civil Court of the City of New York (and small claims parts of City, District, Town and Village Courts). Lawyers: allowed. Appeal: either side, 30 days. For a broken written agreement you generally have 6 years to sue. Last checked .

New York small claims at a glance

Most you can sue for
$10,000 (lower in some courts; businesses can't sue)
Court
Small Claims Part of the Civil Court of the City of New York (and small claims parts of City, District, Town and Village Courts)
Filing fee
$15–$20
Lawyers
Allowed
Appeal
Either side, 30 days
Ask for payment first
Not required by law

Can you sue in New York small claims?

Enter the amount and the date it happened. Nothing you type leaves your browser.

New York small claims limit

Up to $10,000

Enter the amount to compare it with the limit.

The rule: Up to $10,000 (money only, not counting interest and costs) in New York City Civil Court. Other courts: City Courts and District Courts up to $5,000; Town and Village Courts up to $3,000. Businesses cannot sue in small claims: corporations, partnerships, associations and assignees must use Commercial Claims instead (but they can be sued in small claims). Claims for pain and suffering or to make someone do something are not allowed.

Deadline to sue (general rule)

6 years for this kind of claim in New York. Enter the date it happened to see the last day.

Contract claims (express or implied, written or oral): 6 years, except UCC sale-of-goods claims. Injury to property: 3 years. Personal injury: 3 years.

Lawyers: Lawyers may represent either side.

Collectors: a company that bought or was assigned the debt can't use small claims court in New York.

Before you file: No demand before filing is required for an individual's small claim. (Commercial claims filed by businesses have separate pre-filing rules.)

Appeal: Either party may appeal a judge's decision only on the ground that substantial justice was not done under the rules of substantive law. The notice of appeal must be filed within 30 days after service of the judgment with written notice of its entry. The Appellate Term reviews the court file and trial transcript; there is no new trial or new evidence. An arbitrator's award, a settlement or a default cannot be appealed.

Filing fee: NYC Civil Court, City Courts and District Courts: $15 for claims of $1,000 or less and $20 for claims over $1,000. Town and Village Courts: $10 and $15. In NYC, pay by cash, certified check, money order or bank check (no personal checks). The clerk mails the notice of claim.

The deadline shown is the general statute of limitations counted from the date you entered. The real deadline can be later (for example when the problem was discovered later or the other side left the state) or earlier (a contract can shorten it, and claims against a government agency often need a written notice first, on a much shorter clock). If you are close to it, file now or ask a legal aid office. This is legal information, not legal advice.

All New York small claims rules →Write a demand letter →

Where to file and how much

  • Court. In New York City, file in the Small Claims Part of the NYC Civil Court in the county where either party lives; if no party lives in the City, where either has employment or a business address. The defendant must live, work or have a business office in the City. Outside NYC, small claims are heard by City Courts, District Courts (Nassau and western Suffolk) and Town and Village Courts where the defendant lives, works or has an office.
  • Limit. Up to $10,000 (money only, not counting interest and costs) in New York City Civil Court. Other courts: City Courts and District Courts up to $5,000; Town and Village Courts up to $3,000. Businesses cannot sue in small claims: corporations, partnerships, associations and assignees must use Commercial Claims instead (but they can be sued in small claims). Claims for pain and suffering or to make someone do something are not allowed.
  • Filing fee. NYC Civil Court, City Courts and District Courts: $15 for claims of $1,000 or less and $20 for claims over $1,000. Town and Village Courts: $10 and $15. In NYC, pay by cash, certified check, money order or bank check (no personal checks). The clerk mails the notice of claim.

Who can sue and who can speak in court

  • Only individuals 18 or older may sue; a parent or guardian sues for a minor. Corporations (other than certain public entities), partnerships, associations, assignees and insurers cannot sue in small claims. A corporation defending a small claim may appear by an attorney or by an authorized officer, director or employee. Parties may have a lawyer; a court may let an unpaid relative appear for a party who cannot appear due to age or disability.
  • A collection agency or anyone who was assigned or bought the claim can't file it in small claims.
  • Before you file. No demand before filing is required for an individual's small claim. (Commercial claims filed by businesses have separate pre-filing rules.)
  • Jury and moving the case. The claimant waives a jury by suing in small claims. A defendant may, before the appearance date, file a jury demand with an affidavit naming the fact issues, the jury fee and a $50 undertaking or deposit; the case then moves to a regular part of the court. Cases may also be decided by a volunteer arbitrator if both sides agree.

How long you have to sue in New York

The general statute of limitations, counted from the day the agreement was broken or the damage happened. Contract claims (express or implied, written or oral): 6 years, except UCC sale-of-goods claims. Injury to property: 3 years. Personal injury: 3 years.

Kind of claimTime to sue
Written contract6 years
Oral (spoken) agreement6 years
Damage to property3 years
Personal injury3 years

Law: CPLR 213(2) (contract), 214(4) (property), 214(5) (personal injury)

After the hearing: appeals and collecting

Who can appeal
Either side can appeal.
Kind of appeal
Review of the record (no new trial)
Deadline
Either party may appeal a judge's decision only on the ground that substantial justice was not done under the rules of substantive law. The notice of appeal must be filed within 30 days after service of the judgment with written notice of its entry. The Appellate Term reviews the court file and trial transcript; there is no new trial or new evidence. An arbitrator's award, a settlement or a default cannot be appealed.
Collecting the money
Ask the debtor to pay first. If not paid, hire a Sheriff or City Marshal to obtain an execution to garnish wages or bank accounts or seize property; use an information subpoena ($3) to find assets. Other remedies include liens, suspension of a vehicle registration or license for motor vehicle judgments, business license action, and treble damages for repeated unpaid judgments. A money judgment is presumed paid 20 years after the creditor could first enforce it, unless the debtor acknowledged the debt in writing or made a payment within that time.

Good to know in New York

  • NYC hearings are usually held at 6:30 p.m.; seniors, people with disabilities and night workers may ask for a daytime hearing.
  • If the notice of claim cannot be served within 4 months, the claim is dismissed (it can be filed again if you later locate the defendant).
  • Choosing an arbitrator is faster but gives up the right to appeal.
  • Businesses, assignees and other entities use Commercial Claims (separate rules) instead of small claims. In NYC Civil Court a commercial claim may be brought by a corporation, partnership or association with its principal office in New York State, up to the small claims maximum; the fee is $25 plus mailing costs, and the claimant must certify it has filed no more than five commercial claims that calendar month. For consumer transactions, a demand letter must be mailed 10 to 180 days before filing.

Official help and forms

Sources

Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.

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