New York Small Claims (2026) - Up to $10,000 in NYC
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Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
How New York differs from federal law
New York's small-claims framework varies by geography. Inside the five boroughs, claims go to the NYC Civil Court — Small Claims Part under the NYC Civil Court Act (CCA) § 1801 et seq. Outside the city, the venue is the City Court, District Court, Town Court, or Village Court, depending on where the defendant lives — under the Uniform City Court Act, Uniform District Court Act, or Uniform Justice Court Act respectively. The procedural and dollar rules are similar but not identical, so verifying the correct statute matters.
- Jurisdictional cap: NYC: $10,000 (CCA § 1801); Long Island District Courts (Nassau / Suffolk): $5,000 (UDCA § 1801); upstate City Courts: $5,000 (UCCA § 1801); Town and Village Courts: $3,000 (UJCA § 1801).
- Who can sue: only individuals (and limited categories of small partnerships, sole proprietorships, and the rarely-used "assumed name" entities) — not corporations or LLCs as plaintiffs. Corporations or LLCs can be DEFENDANTS in small claims, but if you incorporate, you sue in Commercial Small Claims Part (CCA § 1809) at a higher fee.
- Venue (CCA § 1801; UCCA § 213): the county or city where the defendant resides, has a place of business, or has a place of employment. A landlord-tenant dispute can also be filed where the property is located.
- Filing fees: NYC: $15 for claims up to $1,000 / $20 for claims $1,001-$10,000; upstate UCCA: $10-$15; Long Island UDCA: $15-$20. Commercial Small Claims (corporation plaintiff) doubles the fee to roughly $25-$35. Fee waivers via Poor Person Relief (CPLR § 1101) for indigent filers.
- Service of process (CCA § 1803): court clerk serves the defendant by certified mail and ordinary mail for $5-$10 per defendant. If certified mail is returned undelivered, you must arrange substituted service via process server (additional cost).
- Night court (NYC only): NYC Civil Court small claims runs evening sessions (typically 6:30 p.m. Monday-Thursday, depending on borough) to accommodate working filers — a feature unique among large US courts.
- Trial vs arbitration (CCA § 1808): at the hearing, both parties can choose between (a) trial before a judge, where decisions are appealable de novo to the Appellate Term, OR (b) arbitration before a trained volunteer attorney, where the decision is FINAL and binding with no appeal. Most consumers should opt for trial; only choose arbitration if speed matters more than the right to appeal.
- Statute of limitations (CPLR § 213, § 214): written contracts 6 years; oral contracts 6 years; property damage 3 years; personal injury 3 years; consumer fraud (GBL § 349) 3 years; UCC sale of goods 4 years.
- Discovery: very limited in small claims — no formal interrogatories or depositions. Bring all evidence (contracts, photos, witnesses, receipts) to the hearing.
- Default judgment (CCA § 1812): on non-appearance, the court grants default judgment. Defendant has 30 days (or up to one year for excusable neglect under CPLR § 5015) to move to vacate.
- Collection (CPLR § 5210): small-claims judgments are enforceable for 20 years and renewable. Income execution via NYC Marshal (NYC only) or county Sheriff (upstate).
Additional Steps in New York
For NYC: file at the Civil Court Small Claims Part in the borough where the defendant lives/works — Manhattan (111 Centre St), Bronx (851 Grand Concourse), Brooklyn (141 Livingston St), Queens (89-17 Sutphin Blvd Jamaica), Staten Island (927 Castleton Ave). Forms at nycourts.gov/courts/nyc/smallclaims. Outside NYC: file at the City Court (cities of 10,000+) or Town/Village Court (smaller municipalities). Forms at nycourts.gov/forms/smallclaims. Self-help: LawHelpNY.org (free NY-specific guides), Legal Aid Society Manhattan / Bronx / Brooklyn / Queens / Staten Island, or the NYC Civic Justice Project hotline. For more detail, check the Small Claims Court Guide by the NYS Unified Court System.
Relevant Law: Uniform City Court Act § 1801–1815, NYC Civil Court Act § 1801–1815, Uniform Justice Court Act § 1801–1815
Federal baseline: Small Claims Court nationwide
What is this right?
Small claims court is the part of the court system actually built for normal people. No lawyer required, simplified rules, low filing fees ($30 to $75 in most counties), and most cases get a hearing within 30 to 60 days of filing. The trade-off is the dollar cap — each state sets its own limit, ranging from $2,500 in tiny-cap states up to $25,000 in places like Tennessee and Delaware. California caps individual claims at $12,500.
Common cases: a landlord who pocketed your security deposit, a contractor who took the deposit and never finished, a person who damaged your car and won't pay, a small breach of contract, a defective product the seller won't refund. You represent yourself, the judge decides (no jury), and in some states — California is the big one — lawyers are actually banned from appearing for either side.
When does it apply?
Small claims is the right court when:
- Someone owes you money and won't pay — security deposit, unfinished contracting work, damaged property, a personal loan never repaid.
- The amount fits under your state's cap. Above the cap, you're in regular civil court, where a lawyer is essentially required.
- You want it resolved cheaply and in months, not years.
Three things people get wrong:
- "I need a lawyer." You don't. The whole point of the court is self-representation. California, Michigan, and a few others actually bar lawyers from appearing.
- "Winning means getting paid." A judgment is a piece of paper saying you're owed money — collecting on it is a separate fight. If the defendant doesn't pay voluntarily, you have to use the judgment to garnish wages, levy bank accounts, or put a lien on property. About half of small-claims winners never collect a dollar.
- "Small claims is for small stuff only." $25,000 covers a lot — totaled cars, full security deposits in expensive markets, partial home renovations. Tennessee, Delaware, and Georgia all sit at $25,000 or higher.
What to Do If Someone Owes You Money and Won't Pay
Step 1: Send the demand letter first. Certified mail, return receipt. Lay out what they owe, why, and a deadline (14 to 30 days is standard). About a third of these cases settle right here. And judges visibly appreciate seeing that you tried.
Step 2: Find your court. Usually county courthouse — search "[your county] small claims court" and pull the forms, fees, and dollar limit off their site.
Step 3: Fill out the claim form. Names get the case dismissed faster than anything else — make sure you have the defendant's exact legal name (for a business, the LLC or corporation name as registered with the Secretary of State, not just "Joe's Plumbing").
Step 4: File and pay. $30 to $75 typical filing fee, recoverable from the defendant if you win. The court schedules the hearing and arranges service of process.
Step 5: Build the binder. Three copies of every piece of evidence — one for you, one for the judge, one for the other side. Contracts, receipts, photos, screenshots of texts, witness statements. Practice telling your story in two minutes flat.
What should you NOT do?
Don't skip the demand letter. Some judges will dismiss for failure to attempt resolution; others just hold it against you. Either way, the letter often gets you paid without filing.
Don't argue or get heated. Stick to what happened, what they owe, and what you can prove. Judges hear hundreds of these cases a year and they tune out the drama almost instantly.
Don't show up without evidence. "He said, she said" loses to a single contract or text message every time. Bring originals if possible, copies if not, and bring extras.
Don't assume the judgment self-executes. If the defendant doesn't pay voluntarily, you have to start collection — wage garnishment, bank levy, or a property lien — and each of those is a separate court process. Some states make it easy; others make it painful.
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When does the law regarding small claims court apply?
Small claims is the right court when:
- Someone owes you money and won't pay — security deposit, unfinished contracting work, damaged property, a personal loan never repaid.
- The amount fits under your state's cap. Above the cap, you're in regular civil court, where a lawyer is essentially required.
- You want it resolved cheaply and in months, not years.
Three things people get wrong:
- "I need a lawyer." You don't. The whole point of the court is self-representation. California, Michigan, and a few others actually bar lawyers from appearing.
- "Winning means getting paid." A judgment is a piece of paper saying you're owed money — collecting on it is a separate fight. If the defendant doesn't pay voluntarily, you have to use the judgment to garnish wages, levy bank accounts, or put a lien on property. About half of small-claims winners never collect a dollar.
- "Small claims is for small stuff only." $25,000 covers a lot — totaled cars, full security deposits in expensive markets, partial home renovations. Tennessee, Delaware, and Georgia all sit at $25,000 or higher.
What should I do if someone owes me money and I want to take them to court?
Step 1: Send the demand letter first. Certified mail, return receipt. Lay out what they owe, why, and a deadline (14 to 30 days is standard). About a third of these cases settle right here. And judges visibly appreciate seeing that you tried.
Step 2: Find your court. Usually county courthouse — search "[your county] small claims court" and pull the forms, fees, and dollar limit off their site.
Step 3: Fill out the claim form. Names get the case dismissed faster than anything else — make sure you have the defendant's exact legal name (for a business, the LLC or corporation name as registered with the Secretary of State, not just "Joe's Plumbing").
Step 4: File and pay. $30 to $75 typical filing fee, recoverable from the defendant if you win. The court schedules the hearing and arranges service of process.
Step 5: Build the binder. Three copies of every piece of evidence — one for you, one for the judge, one for the other side. Contracts, receipts, photos, screenshots of texts, witness statements. Practice telling your story in two minutes flat.
What are the common mistakes to avoid regarding small claims court?
Don't skip the demand letter. Some judges will dismiss for failure to attempt resolution; others just hold it against you. Either way, the letter often gets you paid without filing.
Don't argue or get heated. Stick to what happened, what they owe, and what you can prove. Judges hear hundreds of these cases a year and they tune out the drama almost instantly.
Don't show up without evidence. "He said, she said" loses to a single contract or text message every time. Bring originals if possible, copies if not, and bring extras.
Don't assume the judgment self-executes. If the defendant doesn't pay voluntarily, you have to start collection — wage garnishment, bank levy, or a property lien — and each of those is a separate court process. Some states make it easy; others make it painful.
Small Claims Court in other states
Same topic, different jurisdiction. Pick the one that applies to you.