In New York, how much you can sue for in small claims depends on which court covers the person or business you’re suing. The ceiling ranges from $3,000 in a town or village court to $10,000 in New York City.
At a glance
- New York City
- Up to $10,000 [1]
- City courts outside NYC
- Up to $5,000 [2]
- District courts
- Up to $5,000 [3]
- Town and village courts
- Up to $3,000 [4]
- Doesn't count toward the limit
- Interest and court costs [1]
- Filing fee
- $10 to $20 for people; $25 plus mailing for businesses [5][6][7][9][15]
| Court | Limit | Fee: $1,000 or less | Fee: over $1,000 |
|---|---|---|---|
| NYC Civil Court (all five boroughs) | $10,000 | $15 | $20 |
| City courts outside NYC | $5,000 | $15 | $20 |
| District courts | $5,000 | $15 | $20 |
| Town and village justice courts | $3,000 | $10 | $15 |
Who can file
Small claims are meant for people. The law bars corporations, partnerships, associations and anyone who bought someone else’s claim (an assignee ) from starting a small claims case [12]. You can still sue a business in small claims, and a corporation can defend itself through an officer, employee or lawyer.
You file where the person or business you’re suing lives, works or has a business office. In New York City, that means the defendant has to live, work or do business in the city [1]; in a town or village court, in that town or village [4].
Commercial claims, for businesses
Businesses that want a small-claims-style case use commercial claims. In New York City, a corporation, partnership or association with its main office in New York can bring a commercial claim up to the same $10,000 limit [8]. The rules [9]:
- The fee is $25 plus the cost of mailing.
- A business can file no more than five commercial claims a month.
- For claims over a consumer purchase, the business must send a demand letter at least 10 and no more than 180 days before filing.
City and district courts outside NYC hear commercial claims too, up to their $5,000 limit [13][14]. Town and village courts don’t hear commercial claims.
How to file a small claim
- Ask to be paid first. A short letter saying what’s owed and by when often settles it. It also shows the judge you tried.
- Pick the right court using the table above and where the defendant is.
- File your claim with the court clerk and pay the fee. Notice of the claim goes to the defendant by ordinary first class mail and certified mail [5].
- Gather your proof: receipts, contracts, photos, texts, estimates, and witnesses who saw what happened.
- Go to the hearing. Small claims hearings are informal. The judge doesn’t have to follow the strict rules of evidence; the goal is to do substantial justice between the parties [10].
Winning and collecting
A judgment says you’re owed money; it doesn’t pay you. If the other side doesn’t pay, you’ll need to take further steps to collect. Ask the court clerk what your court’s next steps are.
Sources
- NYC Civil Court Act § 1801 (small claims, $10,000)
- Uniform City Court Act § 1801 (small claims, $5,000)
- Uniform District Court Act § 1801 (small claims, $5,000)
- Uniform Justice Court Act § 1801 (town and village courts, $3,000)
- NYC Civil Court Act § 1803 (small claims filing fees)
- Uniform City Court Act § 1803 (filing fees)
- Uniform Justice Court Act § 1803 (filing fees)
- NYC Civil Court Act § 1801-A (commercial claims)
- NYC Civil Court Act § 1803-A (commercial claims fee, five-a-month limit, demand letter)
- NYC Civil Court Act § 1804 (informal procedure)
- NYC Civil Court Act § 1807 (limited appeal)
- NYC Civil Court Act § 1809 (who may not sue in small claims)
- Uniform City Court Act § 1801-A (commercial claims in city courts)
- Uniform District Court Act § 1801-A (commercial claims in district courts)
- Uniform District Court Act § 1803 (filing fees)
Common 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 district courts, and $3,000 in town and village justice courts. Interest and court costs don't count toward the limit.
How much does it cost to file a small claim in New York?
$15 for claims of $1,000 or less and $20 for larger claims in NYC, city and district courts. Town and village courts charge $10 and $15. Business commercial claims cost $25 plus mailing costs.
Can my business sue in small claims?
Not in small claims. Corporations, partnerships and associations use commercial claims instead, which have the same dollar limits as small claims in NYC, city and district courts. Town and village courts don't hear commercial claims.