New York Small Claims Court: Limits by Court, Fees, How to File

New York's small claims limit depends on which court hears your case: up to $10,000 in New York City Civil Court, $5,000 in a City Court outside New York City or in the District Courts of Nassau County and western Suffolk County, and $3,000 in a Town or Village Justice Court. Each limit is set by that court's own statute (NYC Civil Court Act 1801, Uniform City Court Act 1801, Uniform District Court Act 1801 and Uniform Justice Court Act 1801), and each excludes interest and costs.

The NYC limit was $5,000 until December 16, 2019, so a page that still shows $5,000 for the five boroughs is out of date. This guide covers who can sue, what it costs, how the case moves through each court, and how to collect. For other states, see our guide to small claims court by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers small claims and commercial claims under Article 18 and Article 18-A of the New York City Civil Court Act (CCA), the Uniform City Court Act (UCCA), the Uniform District Court Act (UDCA) and the Uniform Justice Court Act (UJCA), with the Civil Practice Law and Rules (CPLR) provisions on appeals, interest and judgment enforcement. It does not cover housing court or eviction cases, claims against New York State agencies (which go to the Court of Claims), regular civil cases above the small claims limits, or small claims in other states.

New York small claims limits by court

New York has no single small claims court. Small claims is a special part of four different kinds of local courts, and the dollar limit follows the court:

Each statute limits small claims to "any cause of action for money only not in excess of" the dollar figure "exclusive of interest and costs." That means three things in practice:

• Money only. NYC Civil Court explains that "a case must seek money only." You cannot use small claims to make someone do something or to get property returned.
• No splitting. You cannot divide one claim into two cases to stay under the limit.
• Interest and costs are extra. The limit applies to the amount you claim, not to the interest or court costs added on top.

The 2019 NYC increase. Senate Bill S.6417 became Chapter 664 of the Laws of 2019, signed December 16, 2019 and effective immediately, applying to actions started after that date. It raised the NYC Civil Court limit from $5,000 to $10,000 and applies only to New York City. The City Court ($5,000) and Town and Village ($3,000) limits were not changed by that law.

If your claim is bigger. The same courts have regular civil parts with their own limits: up to $50,000 in New York City Civil Court (CCA 202), up to $15,000 exclusive of interest and costs in City Courts (UCCA 202), and $3,000 in Town and Village Justice Courts (UJCA 202). A claim above the limit in your area has to go to a court with power to hear it.

Every claim also has a filing deadline. Check the New York statute of limitations for your type of claim before you file.

Bills to raise the limits (pending, not law)

Several 2025-2026 bills would raise New York's small claims limits. As of October 7, 2026, the legislature's bill pages show each one still in committee, so none of them is law and the limits above remain in effect:

• A7734 would raise the Town and Village Justice Court limit (UJCA 1801) from $3,000 to $5,000 and raise fees. Status: in Assembly committee.
• S2636 and A3113 would raise the jurisdictional amount for small claims cases. Status: in committee.
• A8001 would raise small claims limits to $15,000. Status: in Assembly committee.

Who can sue, and who must use commercial claims

Individuals. Anyone 18 or older can file a small claim, and a parent or guardian can sue for a child (New York Courts small claims handbook).

Businesses cannot file an ordinary small claim. CCA 1809(1) and its UCCA and UJCA counterparts say: "No corporation, except a municipal corporation, public benefit corporation, school district or school district public library wholly or partially within the municipal corporate limit, no partnership, or association and no assignee of any small claim shall institute an action" in small claims. Insurers cannot sue in their own name or the insured's name either.

Those businesses use the commercial claims part instead:

• It exists only in NYC Civil Court, City Courts and the Nassau and Suffolk District Courts, not in Town or Village Courts.
• The limit equals that court's small claims limit: $10,000 in NYC and $5,000 in City Courts and District Courts (UDCA 1801-A). NYC Civil Court says a corporation, partnership or association "may sue in commercial claims for up to $10,000 without an attorney."
• The business must have its principal office in New York State.
• A claimant can start no more than 5 commercial claims per calendar month and must certify that under oath on the claim form; without that certification, the court has no jurisdiction and must dismiss (CCA 1803-A; UCCA 1809-A(c)).
• Debt collectors and claims adjusters cannot take assignments of claims to sue on them in commercial claims (UCCA 1809-A(b)).
• If the claim arises from a consumer transaction, the business must first mail the consumer a demand letter "at least ten days, but not more than 180 days, before beginning the case," along with a copy of the debt instrument and an accounting of payments (NYC Civil Court).

Repeat filings. Individuals have no annual cap in the statutes reviewed for this page, but under CCA 1810 the clerk can require court permission before a case goes forward "if it shall find that the claim has already been adjudicated, or that the claim is sought to be brought on solely for purposes of oppression or harassment."

Who you can sue

The defendant must have a New York connection. The defendant must live, work or have a place of business in the court's area, or, for claims about a tenancy, own the property you rent or rented. The handbook is blunt: "If the defendant does not live or work or have a place for doing business or own property you are/were renting in New York State, you cannot file a Small Claims Court case." Security deposit and repair disputes are common tenancy claims; our guide to New York landlord-tenant laws covers the underlying rules.

Local governments: notice first. You can sue a school district, town, village, city, county agency or public benefit corporation in small claims, but the handbook warns: "By law, you have only 90 days to notify the agency." After you file that notice of claim, you wait 30 days, and the case must be filed within 1 year and 90 days.

The State and the federal government: not in small claims. New York State agencies are sued in the Court of Claims, not small claims (handbook). Claims against the United States for money damages caused by a federal employee belong exclusively to federal district court (28 U.S.C. 1346(b)(1)).

Filing fees

The filing fee is set by statute and depends on the court and the amount you claim:

In NYC, each small claims form names one defendant. If you file by mail in NYC, pay by bank, certified or attorney check or money order payable to the Clerk, Civil Court; personal checks are not accepted.

Other costs you may see (figures from the August 2024 New York Courts handbook, which may change):

• A defendant's counterclaim: $5 plus the cost of mailing in NYC Civil Court, City Courts and District Courts, or $3 plus mailing in Town and Village Courts (CCA, UCCA, UDCA and UJCA 1803(c)).
• A defendant's jury demand: a jury fee of $10 in Town and Village Courts or $70 in City Courts, plus an additional $50.
• An information subpoena to find the debtor's assets: about $2 to $3.
• Filing a transcript of judgment with the County Clerk: $10.
• A witness subpoena: a $15 witness fee, plus 23 cents a mile if the witness travels from outside the court's city.

Fee waivers. If you cannot afford the fees, you can ask the court to waive them by motion, with an affidavit or affirmation describing your income and assets (CPLR 1101(a)). This covers filing fees, not just appeal costs. Ask the clerk how to apply.

Lawyers, interpreters and help

You do not need a lawyer, but you may hire one, and so may the other side. A corporation that is sued in small claims "may appear in the defense of any small claim action brought pursuant to this article by an attorney as well as by any authorized officer, director or employee of the corporation" (CCA 1809(2)), and a non-lawyer who appears for it can bind it to a settlement or trial outcome.

If you, the other side or a witness needs an interpreter, the court clerk assigns an official interpreter free of charge. Tell the clerk as early as possible (handbook).

Every county has a free community dispute resolution center, and some courts offer mediation on the hearing day (handbook).

Where to file

File in the court that covers the place where the defendant lives, works or has a place of business, or, for tenancy claims, where the landlord owns the rented property:

• New York City: the defendant must live, work or do business in NYC (or own the rented property there).
• City Courts: you can use the small claims part of any City Court in the county where the defendant lives, works or does business.
• District Courts (Nassau and western Suffolk): the defendant must live, have an office for doing business or be regularly employed within a district of the court in the county (or the tenancy exception applies) (UDCA 1801).
• Town and Village Courts: the defendant must live, work or have an office in the town or village where the court sits (or the tenancy exception applies).

NYC Civil Court's small claims forms are CIV-SC-50 (small claims) and CIV-SC-70 (commercial claims), described in its filing instructions.

How the defendant is served

You do not serve the papers yourself at the start. The clerk mails the notice of claim to the defendant by ordinary first-class mail and by certified mail, return receipt requested (CCA, UCCA and UJCA 1803(a)). There is no summons.

Under the statute, "If, after the expiration of twenty-one days, such ordinary first class mailing has not been returned as undeliverable, the party complained against shall be presumed to have received notice of such claim." The handbook gives 30 days for commercial claims arising from consumer transactions.

If neither mailing is delivered, the clerk will tell you how to arrange personal service by an adult who is not a party (or a process server) and give you a new date. The handbook says the court dismisses the case if the defendant is not served within 4 months of filing.

If you are the defendant

No written answer. You do not file an answer. You come to court on the hearing date.

Counterclaims. File a counterclaim within 5 days of receiving the notice of claim, with the counterclaim fee ($5, or $3 in a Town or Village Court) plus mailing. A late counterclaim is still allowed, but the claimant may get an adjournment. Under CCA 1805(c), "No counterclaim shall be permitted in a small claims action, unless the court would have had monetary jurisdiction over the counterclaim if it had been filed as a small claim," so a larger claim has to go to another court.

Jury trial. The claimant gives up a jury by suing in small claims. A defendant can demand one before the hearing day by filing an affidavit that there are genuine fact issues needing a jury, paying the jury fee and posting a $50 undertaking, and the case then moves to a regular part of the court (CCA 1806). The court can also transfer a small claim to another part on its own (CCA 1805(b)).

If someone does not show up. If the defendant has not appeared within 1 hour of the scheduled time, the court hears the claimant's side (an inquest) and may enter a default judgment. If the claimant does not appear, the case is dismissed (handbook).

Military defendants. Before a court enters judgment for a plaintiff against a defendant who has not appeared, federal law requires the plaintiff to file an affidavit stating whether the defendant is in military service, or that the plaintiff cannot determine it (50 U.S.C. 3931(b)(1)). If the defendant is in military service, the court cannot enter judgment until it appoints a lawyer for the defendant.

The hearing: judge or arbitrator

When. NYC Civil Court says the hearing is usually about six weeks after it receives a mailed claim. NYC small claims cases go on an evening calendar automatically, and daytime sessions are available. Outside NYC, the statute calls only for an early hearing and sets no number of weeks.

Who decides. In NYC, "Small Claims Court cases are mostly decided by volunteer Arbitrators. However, either party may choose to have the case heard by a Civil Court Judge." If you agree to voluntary arbitration, the arbitrator's decision is binding and cannot be appealed. Some courts use mandatory arbitration instead; there, a party who did not default has 35 days from the mailing of the award to ask for a new trial before a judge, at a $75 fee (handbook). The handbook says decisions are mailed within 30 days.

Evidence rules are relaxed. Under CCA 1804, the court conducts hearings "in such manner as to do substantial justice between the parties according to the rules of substantive law and shall not be bound by statutory provisions or rules of practice, procedure, pleading or evidence," except the rules on privileged communications. Two useful points from the same section:

• Two itemized estimates, or one paid itemized bill, count as prima facie evidence of the reasonable value of repairs or services.
• There is no pretrial disclosure (discovery) unless the court orders it.

Witnesses. The clerk issues subpoenas, and you arrange service with reasonable notice before the trial date. An expert witness cannot be forced to testify by subpoena (handbook).

Appeals: limited by law

Small claims appeals in New York are narrow. Under CCA 1807, a person who starts a small claim "shall be deemed to have waived all right to appeal, except that either party may appeal on the sole grounds that substantial justice has not been done between the parties according to the rules and principles of substantive law."

• No appeal from a default judgment, and none from the outcome of voluntary arbitration or mediation. A defendant who missed the hearing instead asks the same court to vacate the default by motion or order to show cause, showing a valid defense and a good reason for missing the hearing (handbook). A motion based on an excusable default generally must be made within one year after the judgment is served on you with notice of its entry (CPLR 5015(a)(1)), but act quickly: collection can start in the meantime.
• Deadline: file the notice of appeal within 30 days after you are served with a copy of the judgment and notice of its entry, or 35 days if it was served by mail, as when the small claims court mails it (CPLR 5513). The safest course is to count 30 days from the date of the judgment.
• How: file the notice of appeal, with an affidavit of service and the fee, in the court that decided the case; order the transcript; then perfect the appeal with a brief. The New York Courts Starting an Appeal page walks through the steps.
• Where: in NYC, the Appellate Term. In Nassau and Suffolk counties (District, City, Town and Village Courts) and in Dutchess, Orange, Putnam, Rockland and Westchester counties, the Appellate Term for the 9th and 10th Judicial Districts hears the appeal. Elsewhere, City, Town and Village Court appeals go to the County Court (handbook; Appellate Term, Second Department).
• Collection continues during the appeal unless the appealing party files an undertaking (a deposit or bond equal to the judgment).

Collecting your judgment

The court does not collect the money for you, and a judgment does not guarantee payment. You have to locate the debtor's assets and use an enforcement officer (a sheriff, a town or village constable, or a local police officer, depending on where you are), who usually charges poundage of 5% (handbook).

Interest. Under CPLR 5004(a), interest runs at "nine per centum per annum, except where otherwise provided by statute; provided the annual rate of interest to be paid in an action arising out of a consumer debt where a natural person is a defendant shall be two per centum per annum." The rate is set by statute, not reset each year.

Collection tools described in the handbook and the CPLR:

• Information subpoena to the debtor or a bank, signed by the clerk; the recipient has 7 days to answer.
• Restraining notice to freeze assets.
• Bank account levy through the enforcement officer.
• Income execution on wages, up to 10% of earnings, but nothing can be taken in a week when the debtor's disposable earnings are not more than 30 times the higher of the federal or state minimum hourly wage, and never more than 25% of disposable earnings. No income execution is allowed on a medical debt judgment won by a hospital or licensed health care professional (CPLR 5231(b)).
• Property execution, including seizure and sale of a vehicle (you advance towing and storage fees).
• Transcript of judgment filed with the County Clerk ($10), which creates a lien on the debtor's real property in that county for 10 years, renewable by motion (CPLR 5203).
• DMV suspension. For a judgment from a car-related claim of $1,000 or more that stays unpaid for more than 15 days, you can ask the DMV to suspend the debtor's license and registration (form SR-60).
• Licensing agencies. If the debtor is a licensed business, you can notify the licensing agency once 35 days have passed after notice.
• Treble damages. If the debtor has two or more other unsatisfied small claims judgments connected with the same business, you may be able to bring an action for treble damages (CCA and UCCA 1812).

How long a judgment lasts. The handbook says "The judgment is valid for 20 years, plus interest of 9% per year," and CPLR 211(b) presumes a money judgment paid after 20 years. The real-property lien lasts 10 years unless extended (CPLR 5203).

Protected income. Some money cannot be taken. The handbook notes that Social Security and veterans benefits are exempt and a base amount in a bank account is protected. Federal law bars execution, levy, attachment or garnishment of Social Security benefits (42 U.S.C. 407(a)) and protects VA benefits from attachment, levy or seizure (38 U.S.C. 5301(a)(1)). For New York's exemption rules in detail, see our guide to New York debt collection laws.

Official forms and self-help

• NYC Small Claims Court legal information (five boroughs).
• NYC Commercial Claims and Consumer Transactions.
• Guide to Small Claims and Commercial Small Claims in the City, Town and Village Courts (handbook, updated August 2024).
• The statutes: CCA 1801, UCCA 1801 and UJCA 1801 on the New York State Senate site.

Related

• Small claims court by state
• New York statute of limitations
• New York landlord-tenant laws
• New York debt collection laws

This article is general legal information about small claims and commercial claims in New York under the NYC Civil Court Act, the Uniform City Court Act, the Uniform Justice Court Act and the CPLR, verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your specific situation, contact the small claims clerk of your court, a court help center, a legal aid office, or a lawyer licensed in New York.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in New York?

It depends on the court: $10,000 in New York City Civil Court, $5,000 in City Courts outside NYC and in the Nassau and western Suffolk District Courts, and $3,000 in Town and Village Justice Courts, each exclusive of interest and costs (CCA 1801, UCCA 1801, UDCA 1801, UJCA 1801).

Is the NYC small claims limit still $5,000?

No. Chapter 664 of the Laws of 2019, signed December 16, 2019, raised the New York City Civil Court small claims limit to $10,000 for actions started after it took effect.

Can I sue for more than $10,000 in small claims in New York?

No. You also cannot split a claim to fit under the limit. A larger claim belongs in a regular civil part, for example New York City Civil Court's general civil part, which hears claims up to $50,000 (CCA 202).

Has New York raised the small claims limit for town and village courts?

Not as of October 7, 2026. Bills such as A7734 (to raise the Town and Village Court limit from $3,000 to $5,000) and A8001 (to raise small claims limits to $15,000) were still in committee, so they are not law.

How much does it cost to file small claims in New York?

$15 for a claim of $1,000 or less and $20 for a larger claim in NYC Civil Court, City Courts and District Courts; $10 and $15 in Town and Village Courts (CCA, UCCA, UDCA and UJCA 1803).

Can my LLC or corporation file in New York small claims court?

Not as an ordinary small claim. Corporations, partnerships, associations and assignees must use the commercial claims part in NYC Civil Court, a City Court or a Nassau or Suffolk District Court, which has the same dollar limit and allows no more than 5 claims per calendar month.

Can a lawyer represent me in New York small claims court?

Yes, but you do not need one. A corporation being sued can appear through a lawyer or an authorized officer, director or employee (CCA 1809(2)).

Do I have to file an answer to a New York small claims case?

No written answer is filed. You appear on the hearing date. If you have a counterclaim, file it within 5 days of receiving the notice of claim, and keep it within the court's small claims limit.

How long do I have to appeal a New York small claims judgment?

30 days after you are served with a copy of the judgment and notice of its entry, or 35 days if it was served by mail, as when the court mails it. Counting 30 days from the judgment date is the safest course. The only ground is that substantial justice was not done, and a default judgment cannot be appealed (CCA 1807; CPLR 5513).

How long is a New York small claims judgment good for?

A money judgment is presumed paid after 20 years (CPLR 211(b)). A lien on real property from a docketed judgment lasts 10 years unless extended (CPLR 5203).