General Procedure


Basics of Small Claims Court

What Is Small Claims Court?

Small Claims Court is a special section of a court where you can sue for up to $5,000. In NYC you can sue for up to $10,000. You can only sue for money. You cannot sue to make someone do something, or for pain and suffering.

Small Claims Court is inexpensive, accessible, easy to use, and has convenient hours of operation. You do not need a lawyer to sue in Small Claims Court, but you may have one if you want to. The other side may also have a lawyer. The Court will notify the defendant for you.*

*If the Court is not able to notify the defendant by mail, the clerk will tell you what to do

Who Can Sue and Be Sued?

  • Anyone 18 years of age or over can sue in Small Claims Court. If you are younger than 18, your parent or guardian may sue on your behalf. Only an individual can sue in Small Claims Court.

  • Corporations, partnerships, associations, or assignees cannot sue in Small Claims Court. However, they can be sued in Small Claims Court.

  • You may sue more than one person at the same time.

  • You must be the proper person to sue in Small Claims Court.

    • For example, if you are involved in an accident while driving an automobile that is not registered in your name, you cannot sue for the damage caused to the automobile during the accident. Only the registered owner of the automobile can sue for the damages caused to the automobile.

Typical Small Claims Court Cases:

  • Breach of a contract, lease, warranty or agreement

  • Bounced or stopped check

  • Loss of luggage, property, time from work, or use of property

  • Damage to an automobile, other personal property, or real property

  • Failure to provide proper repairs, services, merchandise

  • Failure to pay for services rendered, salary, rent, for goods sold and delivered

  • Failure to return security, property, a deposit or money loaned

Accommodations in Small Claims Court:

If you need an interpreter, tell the Small Claims Court Clerk when you file your claim. The clerk will assign an “official” interpreter to your trial if you or a witness needs one. If you need accommodations for disability (ADA), each court has a contact person to help you. Visit: http://ww2.nycourts.gov/Accessibility/index.shtml to find the phone number or ask a Court Clerk.

Filing Basics:

To start your case, you, or someone on your behalf, must file, in person, a "Statement of Claim" form with the Small Claims Court. Visit the New York City Civil Court website for official forms. The court system does not provide electronic filing for Small Claims matters at this time.

If you live outside the City of New York and want to sue a party within the City of New York, you may file your claim by mail. Contact the Small Claims Court Clerk’s office in the county where the defendant lives, works or has a place of business to obtain the necessary form.

When you file your Statement of Claim, the Small Claims Court Clerk will give you a date to appear for a trial of your case. Cases are automatically set for evening hours but there are also daytime court hours for people who cannot come in the evening.

Before Small Claims Court

Settling a Case Before Trial

It is almost always better if you and the defendant can make an agreement either before or during the trial. **You may feel certain that you will win your case, but the Court may not agree with you.

  • If you make an agreement before your trial date, and the claim has been paid in full, notify the Small Claims Court Clerk in writing. The clerk will mark the case settled, and neither side will have to go to Court.

  • If you agree to settle, but the defendant has not paid you in full by the trial date, or you need more time to finish your agreement, go to Court on your trial date. Ask for a postponement so you can finish your agreement and get your claim paid. (This is called an Adjournment Pending Settlement.) The Court will give you a new trial date.

  • If the claim is still not settled by the new trial date, go to court on the new date.

Organizing Evidence

If you do decide to go to court, you need to gather and organize EVIDENCE to support your claim against the defendant.

This includes physical evidence such as:

  • Photos, written agreements, letters, or other documents

  • Itemized bills, canceled checks, receipts or invoices marked PAID, damaged items, etc.

  • If you are asking for money to make repairs, you must get two signed itemized written estimates

  • You can also have witnesses at your trial.

    • A witness can be:

      1. You,

      2. Someone who knows something about your claim, or

      3. Someone with a lot of knowledge or experience with the reason for your claim. (This is called an expert witness.) If the reason for your claim requires expert knowledge to understand, it’s a good idea to have an expert witness.

        • For example, if your claim is about poor workmanship fixing a roof, you will need a roofer with expert knowledge of your type of claim. That roofer must be willing to testify at your trial.

        • In most cases, you must pay an expert witness to testify. You cannot use a subpoena to make an expert witness testify.

    • Before speaking to the Court (testifying), all witnesses must first swear or affirm to tell the truth.

    • If a witness does not want to testify/give records, you can ask the Small Claims Court Clerk for a subpoena. A subpoena is a court order that can order your witness to:

      1. Send documents or records to the Court

      2. Go to your trial to testify (except for expert witnesses)

      3. The Small Claims Court Clerk will help you fill out a subpoena.

        • You may apply to the Clerk of the Court for a Subpoena Duces Tecum. This document, once signed by the Court, will direct someone to produce a bill, receipt or other document in his/her possession or under his/her control.

        • Either party in a case may apply for a subpoena. Download the form or get it from the Clerk of the City Court.

      4. You must arrange for the witness to be served the subpoena; in other words, you must arrange for someone to give the subpoena to the witness. The “server” can be a friend or relative who is 18 or older. Neither you nor anyone else involved in this case can be the server.

        • The person who serves the subpoena must complete an Affidavit of Service and file it with the Court.

      5. The subpoena must be served before the trial date. You should give the witness a “reasonable” amount of time to prepare for the trial and/or to produce the items listed on the subpoena. Reasonable usually means 5 or more days before the trial.

      6. The witness has the right to receive a $15 witness fee, which must be paid when the subpoena is served. You must give the server the fee to pay the witness, and in some cases, you may have to pay travel expenses, too.

        • Having the right to receive a $15 witness fee means the fee is not required but a witness may request it if they desire it.

File a Claim

Before You File You Must

  • Be an individual who is 18 or older

  • Fill out a court form that explains your claim

  • Pay a court fee ($15 – $20)

Forms You Will Need to Complete

You or someone else may start your case by filling out a court form. You may file by mail if you have a small claims case in Nassau County and Western Suffolk County or if you live outside New York City and you want to sue a party within New York City. The form describes your claim to the Court.

  • What if I do not have the defendant’s correct, legal name?

    • You can still start your case. You can use any name that the business or person operating the business uses.

  • Fee

    • $15 for claims up to $1,000, and $20 for claims over $1,000.

  • How do I fill out the court forms?

  • Defendant counterclaim

    • The Court will send you a notice or you will be told on the trial date.

    • If the defendant files a counterclaim, s/he must do so:

      • Within 5 days of getting the notice of your claim, or

      • On the day of the trial

    • If the defendant sues me, will my case be postponed?

      • If the defendant files the counterclaim on the day of the trial, you may ask the judge to postpone the case so you can have time to prepare.

      • But if you received notice of the counterclaim before the date of your trial, you must be ready to present your claim and defend against the counterclaim on the date of your trial.

  • When to sue

    • Statute of limitations

      • The statute of limitations in New York for contract disputes is six years. The statute of limitations for personal injury and property damage is three years. Generally, the time period begins to run at the time the event occurred that caused the lawsuit. For example, for personal injuries from a car accident, the time would start to run from the date of the accident and would expire three years from the accident date.

  • Where to sue

    • File it (or ask someone to file it for you) at the Small Claims Court Clerk’s Office

      • “No electronic filing at this time”

    • Locations

      • Bronx

        • 851 Grand Concourse
          Bronx NY 10451
          Room 105
          (718) 618-2517

      • Harlem

        • 170 East 121st Street
          New York, NY 10035
          Room 302
          (212) 828-7558

      • New York

        • 111 Centre Street
          New York, NY 10013
          Room 322
          (646) 386-5484

      • Queens

        • 89 - 17 Sutphin Boulevard
          Jamaica, NY 11435
          Room 116
          (718) 262-7123

      • Richmond

        • 927 Castleton Avenue
          Staten Island, NY 10310
          Basement
          (718) 675-8460

      • Kings (Brooklyn)

        • 141 Livingston Street
          Brooklyn, NY 11201
          Room 905
          (347) 404-9021

    • Hours

      • The Clerk’s Office is open: M – F 9 a.m. – 4:30 p.m. Th* 9 a.m. – 8 p.m.

    • How do I know where to go?

      • If the defendant lives, works, or has a place of business in New York City, you can use the Small Claims Court in:

        • The New York City County where you live,

        • The New York City County where the defendant lives, works, or has a place of business.

      • If the defendant does not live, work, or have a place of business in New York City, you cannot file a small claim in New York City.

      • If the defendant lives in New York City, but you do not, contact the Small Claims Clerk in the county where the defendant lives, works or has a place of business. Ask the clerk how to file by mail.

    • What to sue for

      • Small claims courts can hear most types of civil court cases, such as:

        • Breach of contract disputes

        • Personal injury claims (such as dog bites)

        • Collection on debts or loan repayments

        • Professional negligence claims (like bad car repairs)

        • Landlord and tenant issues, including claims regarding the return of a renter's security deposit or personal property

        • Issues with contractors or home remodels

        • Property damage claims

        • Claims involving eviction notices or unlawful eviction

        • False arrest claims

        • Libel or slander cases

        • Counterclaims to a lawsuit

      • Most small claims courts do not hear:

        • Family law cases (divorce, child support issues, guardianships)

        • Name changes

        • Bankruptcy

        • Probate cases

        • Personal injury cases with serious injuries or damages

    • Don’t necessarily have to file

      • Community dispute resolution center that offers mediation for free.

      • New York Peace Institute

        • Address: Manhattan Mediation Center
          111 John Street, Suite 600
          New York, NY 10013

        • Phone: (212) 577-1740

        • Website: https://nypeace.org/

Defendant’s Response

After you file your claim, the Small Claims Court Clerk will serve the defendant a notice by mail. If the defendant cannot be served by mail, the clerk will tell you what to do. The notice lets the defendant know about your claim. It also includes information about your claim, such as how much money you are asking for and the date of your Small Claims Court trial. A small claims case will not proceed to trial until the defendant has been served with a notice of your claim.

Once the defendant receives the notice, there are a few options

  • Settle: If you and the defendant can make an agreement before your trial date, and the claim has been paid in full, notify the Small Claims Court Clerk in writing. The clerk will mark the case settled, and neither side will have to go to Court. If the defendant has not paid the claim in full by the trial date, or you need more time to finish your agreement, go to Court on your trial date. Then, ask for a postponement so you can finish your agreement and get your claim paid, known as an Adjournment Pending Settlement. The Court will give you a new trial date. If the claim is still not settled by the new trial date, go to court on the new date.

  • Answer

  • Counterclaim: this is a claim filed by the defendant if the defendant believes that he is not liable for the plaintiff's damages and believes that the plaintiff is liable for some of his. The amount of the counterclaim cannot be for more than $10,000.00. Any counterclaim for more than $10,000.00 must be brought in the Civil Part of the court or in a different court. The defendant may file a counterclaim within five days after receiving the notice of the claim from the court, and the court will notify the claimant. If the claimant receives notice of a counterclaim before the date of the hearing, he or she must be prepared to present his or her claim and defend against the counterclaim on the day of the hearing. However, if the defendant files a counterclaim on the day of the hearing and the claimant is not prepared to defend against the counterclaim, the judge may postpone the hearing until another day.

  • Third Party Claim

  • Request Postponement of the Case

  • Default: If the defendant is not in Court when the Small Claims Clerk calls the case, the Court will hear your case without the defendant, known as an inquest. If you present enough evidence, you may win your case and the Court will enter a default judgment against the defendant. Defendants in default judgment cases can ask the Small Claims Court Clerk how to reopen a case.

During Court

What to do the Day of:

Get to the courthouse at least 30 minutes early. (It takes time to go through security and find your courtroom.)

Find your Small Claims Courtroom, then look for the Small Claims Court calendar. The calendar is a list of the day’s cases. It is usually posted outside the courtroom

Look for your last name and the defendant’s last name on the calendar. If your case is not listed on the calendar, or if there is no calendar posted, ask the Court Clerk for help.

At Court:

The Court follows these steps:

  1. The clerk will call your case and your name.

  2. Stand up and say your name.

  3. Unless you are asking for a postponement, say, “Ready.”

  4. If you want to postpone your trial or make another request, say, “Application.”

  5. If you and the defendant are both ready, the trial will start.

What happens if one side does not go to the trial?

If you, the claimant, are not in Court when the Small Claims Clerk calls the case, the Court will dismiss your case.

If the defendant is not in Court when the Small Claims Clerk calls the case, the Court will hear your case without the defendant. (This is called an inquest.) If you show enough evidence, you may win your case. If this happens the Court will enter a default judgment against the defendant. Defendants in default judgment cases can ask the Small Claims Court Clerk how to reopen a case.

Who will decide my case?

In New York City, it could be a judge or an arbitrator. You get to choose.

What is an arbitrator?

An arbitrator is an experienced lawyer with special training in small claims cases. Arbitrators and judges apply the same law to your case, but a trial with an arbitrator is less formal. If you choose an arbitrator, you agree to accept the decision. You can’t appeal. Your trial takes place on your trial date.

  • Will there be a jury?

    • Small claims cases decided by an arbitrator do not have juries

What is a judge?

If a judge decides your case, you may have to return on another date. In New York City and Nassau, if the Court cannot hear your case on that date, it may send you to mediation or a pretrial conference. The conference may help you to settle your case.

Important: Cases decided by a judge can be appealed. Cases decided by an arbitrator cannot be appealed.

  • Small claims cases decided by a judge do not have juries unless the defendant demands it. The defendant would have to pay a $70 jury fee and an additional $50 fee. (The $50 fee will be given to the side that wins the case.)

  • The defendant must also file a sworn notarized statement, called an “affidavit,” saying:

    • S/he is asking for a jury trial in good faith, and

    • The claim has at least one question of fact that must be decided by a jury. The clerk can provide more information about how to ask for a jury trial.

During the Trial

You, the claimant, go first.

You will take an oath to tell the truth, and then you will tell your side of the story and show the Court your papers and other evidence. It’s up to you to prove your claim.

Next, the Court and the defendant may ask you questions about the case.

If you have witnesses, they will take an oath and testify next. The Court and defendant may ask them questions, too.

Then the defendant takes an oath and tells his/her side of the story. The defendant can show papers and other evidence, and witnesses can testify on his/her behalf. Before they testify they must also take an oath to tell the truth.

You (the claimant) and the Court can ask the defendant and the defendant’s witnesses questions.

You may ask the Court to question the defendant about his/her name or assets, such as a car, house, or bank accounts. This information may help you collect your judgment if you win your case.

After the Judgement

How Do I Get My Money If I Win?

After the trial, the Court will mail you and the other side a Notice of Judgment which will include:

  • The Court’s decision about how much money the other side must pay you, also known as the judgment.

  • Sheriff’s office address and phone number, and

  • Ways to collect your judgment.

If you win you are considered the judgment creditor, and the side that owes the money is the judgment debtor.

Will the Court Collect (Enforce) the Judgment?

No, you must collect the judgment yourself. The judgment is valid for 20 years. Even if you won your case, there is no guarantee that you can collect your money. But if the defendant does not pay willingly, there are legal steps that you can take.

How Do I Collect My Judgment?

You can call or write the judgment debtor and ask for payment, or you can contact an enforcement officer.

What is an Enforcement Officer?

A sheriff or marshal who is authorized to take money or property from the judgment debtor to pay your judgment.

Who Does the Enforcement Officer Work For?

Marshals work on their own. They are not public employees. Sheriffs work for the county.

How Can I Find an Enforcement Officer?

  • New York City: You can get a list of marshals from the Small Claims Court Clerk or here.

  • Nassau and Western Suffolk Counties: Read the instructions included with the Court’s decision.

What Do I Say To the Enforcement Officer?

Say that you are the judgment creditor in a small claims case, give the officer your small claims number, and say that you want to ask the Court for an execution. An execution is a court order that allows the officer to take property or money to get your judgment paid.

Do I Have to Pay the Enforcement Officer?

Yes. If the judgment will be taken from the judgment debtor’s income, you may have to pay a $50 fee in advance. If the officer is taking property to pay the judgment you must also pay the officer’s mileage fees in advance.*

*Note: Sometimes these fees can be added to the judgment so the judgment debtor would have to pay you back

If you and the judgment debtor agree to settle after you hire an enforcement officer, you must pay the enforcement officer 5% of the settlement amount, whether the enforcement officer helped you settle the case or not. In a settled case, you will not be able to recover any fees already paid.

How Does the Enforcement Officer Know What Assets the Judgment Debtor Has?

You must find out about the judgment debtor’s assets and give the information to the officer. The officer will want to know about the judgment debtor’s property, including:

  • Checking and saving accounts.

  • The type of property and the location of the property.

How Do I Find Out About the Judgment Debtor's Money and Property?

You can use an information subpoena. This is a legal document signed by the Small Claims Court Clerk that orders the judgment debtor and others to answer questions about the judgment debtor’s assets.

Where Can I Get an Information Subpoena From?

You can get information subpoena form with preprinted questions;

  • At a legal stationary store.

  • From a legal forms book from any law library, or

  • From the Small Claims Court Clerk ($2-3 fee)

Or you can write your own questions based on what you know about the judgment debtor, if you prefer.

Who Should I Send the Information Subpoena to?

Send it to the judgment debtor and anyone else who many know about the judgment debtor’s assets, including the judgment debtor’s:

  • Employer,

  • Landlord,

  • Phone or utility company, or

  • Banks

Will the Clerk Deliver the Information Subpoena for Me?

No. The clerk will sign the information subpoena, but will not deliver it for you. Send the signed information subpoena to the judgment debtor along with:

  • Two copies of the questions, and

  • A self-addressed stamped envelope. *Make sure you put enough postage!

You can use regular or certified mail, return receipt requested.