Small Claims Court

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This article includes a summary of the information found in the New York Unified Court System’s Guide to Small Claims. Read the guide for more details on Small Claims Court, working out disagreements without going to court through Alternative Dispute Resolution, and for information on commercial small claims.

What is Small Claims Court?

Small Claims Court is a special part in City, Town, or Village Courts where you can sue for money. You can not sue to make someone do something or for “pain and suffering.” Small Claims Court is inexpensive and easy. You do not have to have a lawyer.

In Town and Village Courts, you can sue for up to $3,000 in a small claims action. In City Courts, you can sue for up to $5,000 in a small claims action. To sue for more money than that, you must file a civil case in City Court. You cannot split one large claim into several smaller claims to fit within Small Claims Court limits.

Who can use Small Claims Court?

To bring a lawsuit in Small Claims Court, you must be 18 years of age or older. You must fill out a court form explaining your claim and pay a small fee. If you are under 18 years of age, your parent or guardian can sue for you.

The defendant (the person you’re suing) must live, work, have a place for doing business, or own property you are or were renting in New York.

Your Small Claims Case

The Application

The first step in starting a case is to fill out an application. The application form can usually be found on your local City Court’s website, or you can get one from the Court Clerk. Your application form should include a description of your claim (what happened and when), and the name and address of each claimant (person bringing the claim) and defendant (person being sued). Once completed, file your form at the court. There will be a small fee, depending on the claim amount.

The Defendant

The Court Clerk will serve the defendant a notice of the lawsuit by mail. If they are unable to serve the defendant, they will tell you what to do next.

If the person you are suing wants to sue you, they must file a counterclaim within five days of receiving the notice or on the trial date. You will be notified before the trial date, if possible. If the defendant files a counterclaim, the judge may decide to postpone the trial, or you can ask them to, but the judge can deny the request.

Settlement

It is possible and usually preferable to settle your lawsuit with the defendant before or during trial. If you reach an agreement with the defendant before trial, notify the Court Clerk in writing.

Preparing for Trial

A trial date will be set after you file your application. You should gather and organize any evidence supporting your claim, including photos, written documents, financial documents, communications between you and the defendant, and audio/visual evidence (clarify with the court how to provide or present this type of evidence).

You can have witnesses at your trial, aside from yourself. You can call someone who knows something about the claim to be a witness. If that person does not want to testify, you can ask the Court Clerk to issue a subpoena (a court order demanding that the witness testifies or supplies documents to the court). You may also call an expert witness (someone with a lot of knowledge about the subject of your claim), though they are not required and cannot be subpoenaed. There may be fees payable to witnesses.

Going to Court

Be sure to arrive early to the courthouse to give yourself ample time to go through security and find the courtroom. There will be a calendar posted outside the courtroom with your last name and the defendant’s listed. You may have to check in with the Court Clerk, and then you should wait for your case to be called.

If you are unable to appear in court yourself due to your age or a disability, a family member may ask the judge for permission to testify on your behalf. Each court has disability accommodations. Call Town and Village Courts for more information on their options. Ask City Court clerks or visit the NY Courts Accessibility page for City Courts’ contact information. Courts will also provide an interpreter for free, if needed. It is best to request an interpreter as soon as you know you will need one. Visit the NY Courts Language Access page for more information.

If you do not appear yourself or have someone appear for you, the Court will dismiss your case. If the defendant does not appear, the Court will still hear the case that day. If you win, the Court will enter a default judgment against the defendant. The defendant could ask the Court Clerk to re-open the case later.

The Trial

If both parties appear and are ready for trial, the Court will hear the case in its entirety. Who decides your case varies by court. In some cases, you will see a judge. In others, you may see an arbitrator. An arbitrator is an experienced lawyer with specialized training. Cases heard by an arbitrator are less formal than those heard by a judge, but the conclusion will be just as official. There is no jury in Small Claims Court.

At trial, you, the claimant, will present your case first. As the claimant, you have the burden of proof, meaning you must convince the Court that your claim is valid. You will present your evidence and call your witnesses to testify, and The Court and the defendant may ask you and the witnesses questions. The defendant will present their case next. You and the Court can ask the defendant and their witnesses questions. You may ask the Court to question the defendant about their assets to assist you with collection on your judgment, if you win.

The Court may take some time to decide on the case. The Court will mail its decision to both sides within 30 days.

When You Disagree with the Decision

There are options for you if you do not agree with the Court’s decision. Your path for appeal varies depending on how your case was heard and in front of whom. See the Small Claims Guide for details.

Collecting on a Judgment in Your Favor

If you win, a money judgment is valid for 20 years, with an additional 2% interest each year. You must take steps to collect the judgment yourself. The Court will not collect it for you. If the defendant does not pay willfully, there are steps you can take. For more information on collecting a judgment, visit NY Court’s Court Help.

To find contact information for your local court, use the NY Courts Court Locator.

To find contact information for your county clerk, visit the NYS Association of County Clerks website.

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This article provides general information about this subject. Laws affecting this subject may have changed since this article was written. For specific legal advice about a problem you are having, get the advice of a lawyer. Receiving this information does not make you a client of our office.

Last Reviewed Date: March 2026