Small Claims Court in New York: How to Sue Without a Lawyer

Small claims court is designed for ordinary people to resolve everyday legal disputes quickly and inexpensively — without needing an attorney. In New York, you can sue for up to $10,000 in most courts, and the process is surprisingly straightforward.

What Is Small Claims Court?

Small claims court is a special division of New York civil court that handles disputes involving modest sums of money. The rules are simplified, hearings are informal, and judges are accustomed to working with self-represented parties.

Small Claims Court Limits in New York

• New York City Civil Court: Up to $10,000
• District Court (Nassau, Suffolk): Up to $10,000
• City Courts (outside NYC): Up to $10,000
• Town and Village Courts: Up to $3,000

For claims over the limit, you must file in a higher court (Civil Court or Supreme Court).

What Types of Cases Can You Bring?

Small claims handles money disputes, including:

• Security deposit disputes with landlords
• Property damage (car accidents, neighbor damage)
• Unpaid wages or freelance fees
• Defective goods or services
• Contractor disputes
• Retail refund disputes

You cannot use small claims for: evictions, injunctions, family court matters, or claims against the government without special procedures.

How to File a Small Claims Case in New York

Step 1: Identify the Defendant

You need the legal name and address of who you're suing. For businesses, search the NY Department of State for the registered agent.

Step 2: Go to the Courthouse

File your claim at the clerk's office of the appropriate small claims court. In NYC, go to the Civil Court in the borough where the defendant lives or does business.

Step 3: Pay the Filing Fee

• Claims up to $1,000: $15–$20
• Claims $1,001–$5,000: $20–$30
• Claims over $5,000: $30–$35

Step 4: Serve the Defendant

The court handles service by mailing a notice to the defendant. You do not need to serve them yourself.

Step 5: Attend Your Hearing

Hearings are typically scheduled 30–70 days after filing. Evening sessions are available in NYC for working people.

What to Bring to Your Hearing

• All relevant documents (contracts, receipts, invoices, photos)
• Copies for the judge and defendant
• Witnesses if relevant
• A clear, organized presentation of your facts

Keep your presentation brief and factual. Judges hear many cases — get to the point.

Collecting Your Judgment

Winning a judgment is one thing; collecting it is another. If the defendant doesn't pay voluntarily:

• Income execution: Garnish wages (up to 10% of gross)
• Bank levy: Freeze and collect from bank accounts
• Property execution: Sheriff can seize personal property

Judgments in New York are valid for 20 years and accrue 9% annual interest.

When You Need an Attorney Instead

Consider a regular attorney (not small claims) if:

• Your damages exceed the small claims limit
• The legal issues are complex
• The defendant has an attorney
• You need a remedy other than money (injunction, specific performance)

Get Legal Help for Complex Disputes

For matters beyond small claims court, LegalisLaw connects New Yorkers with experienced attorneys across all practice areas.

[Find a New York attorney — free consultation available.]