New York small claims Playbook
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The Playbook coaches you as you organize and present your own case. Members: the prep guides that work in any state are in Part 1 of the Playbook below, and Part 2 covers New York's forms, filing steps, service and hearing. For the basics, see the New York overview.
Who can sue in New York small claims?
- Anyone 18 or older. A parent or guardian can sue for a minor.
- You can sue only for money, not to make someone do something, and not for pain and suffering.
- Corporations, LLCs, associations, and assignees can't file an ordinary small claim. They use Commercial Small Claims (City Courts, District Courts, and NYC Civil Court only, not Town or Village Courts): $25 per claim plus postage, no more than 5 per calendar month statewide, and the business's principal office must be in New York. See New York small claims for businesses.
New York small claims forms
The court guide says it plainly: "Different courts use different forms." NYC uses form CIV-SC-50 (NYC small claims forms). Nassau District Court and Suffolk District Court each have their own complaint form. Buffalo City Court: for the form, check your court's rules. Town and village courts give out their own forms through the clerk or judge.
New York small claims FAQ
What is the small claims limit in New York?
It depends on the court: $10,000 in the Small Claims Part of NYC Civil Court, $5,000 in Nassau and Suffolk District Courts and City Courts, and $3,000 in Town and Village Justice Courts.
How much does it cost to file small claims in New York?
In NYC Civil Court, District Courts, and City Courts the fee is $15 for claims up to $1,000 and $20 for claims over $1,000. Town and Village Courts charge $10 up to $1,000 and $15 over $1,000. NYC doesn't take personal checks.
Do I need a lawyer for small claims court in New York?
No. The court's guide says: “You do not need a lawyer to sue in Small Claims Court. But you may have one.”
Can a business or LLC sue in New York small claims?
Not as an ordinary small claim. See Who can sue in New York small claims? above for Commercial Small Claims.
What form do I use for small claims in New York?
Different courts use different forms. NYC uses CIV-SC-50. Nassau and Suffolk District Courts each have their own complaint form, and Town and Village Courts provide forms through the clerk or judge.
Can I sue for pain and suffering in New York small claims?
No. New York small claims is for money only. You can't ask the court to make someone do something, and you can't sue for pain and suffering.
For what it means when a court can order only money, or something else, see What Judges Can Actually Order.
Printable checklist
- ☐ Defendant lives, works, or does business in New York
- ☐ Money-only claim (not an order to do something, not pain and suffering)
- ☐ Correct court and limit ($10,000 / $5,000 / $3,000)
- ☐ Correct legal name and street address
- ☐ That court's claim form
- ☐ Fee in an accepted payment method
- ☐ Contract, receipts, invoices, payment records, messages, photos
- ☐ Two signed, itemized estimates (repair claims)
- ☐ Chronology and damages breakdown
- ☐ Witness names and contact info
Statute of limitations: In New York, you generally have 6 years to sue over a broken contract (CPLR 213). A contract for the sale of goods has 4 years, and the contract itself can shorten that to as little as 1 year (UCC 2-725). Property damage and personal injury claims generally have 3 years (CPLR 214). There are exceptions, so check your court's rules if your deadline is close.
Sources: court guide for NYC, Nassau, and Suffolk (PDF); court guide for City, Town and Village Courts (PDF). Checked 2026-10-22.
New York timeline and deadlines
| When | What happens |
|---|---|
| Within 90 days of the injury or damage (claims against a city, town, village, county agency, or school district) | Serve a notice of claim on the agency, then wait 30 days before suing. The deadline to sue is 1 year and 90 days. Suing the MTA? The court guide says you have 1 year and 30 days to sue instead; check your court's rules. Claims against a state agency go to the Court of Claims, not small claims. |
| 10 to 180 days before filing (business consumer-transaction claims) | Send a demand letter. |
| Filing day | File, pay the fee, and get a hearing date. |
| 21 days after mailing (30 days for consumer transactions) | If the first-class copy hasn't come back, service is presumed. |
| If mail service fails | The clerk tells you how to have the papers delivered in person by someone 18 or older who isn't part of the case. |
| 4 months | If the defendant still hasn't been served, the claim is dismissed. |
| Within 5 days of getting the notice, or on the trial day | The defendant can file a counterclaim against you. |
| Within 30 days of judgment (35 if the judgment was mailed) | Notice of appeal, for cases a judge decided. A default judgment can't be appealed; ask the court to vacate it instead. |
| Within 35 days (western Suffolk District Court) | Demand for a new trial after an arbitrator's decision. |
| Statute of limitations | Generally 6 years for contracts, 3 years for property damage or injury (CPLR 213, 214). Exceptions apply; see Statute of limitations above. |
Sources: court guide for NYC, Nassau, and Suffolk (PDF); court guide for City, Town and Village Courts (PDF); NYC "Starting a Case". Checked 2026-10-22.
What's in the New York Playbook section
- Part 1: Prep guides that work in any state
- Part 2: New York specifics
- Step-by-step filing walkthrough
- Serving the other side
- Hearing prep: what to bring
- Collecting after a win
- Appeals overview
- Common mistakes
- New York day-of plan
Want the whole game plan for New York? The New York Playbook takes you from filing to hearing day: what to gather, how to label your exhibits, a one-page timeline, and a day-of plan for your hearing. One yearly membership covers every state guide. See the Playbook
Small Claims Coach is built to help you handle your case yourself, without a lawyer — but if your situation is complicated, does not fit our samples, or a deadline is close, you may want to call a lawyer.
Small Claims Coach uses public information to build the Playbook, which coaches you as you organize and present your own case. We are not your lawyer, there is no attorney-client relationship, and we don't want the details of your case.
This information is for educational purposes only. It is not legal advice.