Most people can't afford to hire an attorney to litigate on their behalf, especially when a relatively small dollar amount is at stake. Small claims court solves this problem. The small claims court procedures are simplified, quick, and inexpensive, making it an excellent forum for straightforward disputes, such as security deposit cases or automotive repair disputes.
In New York, small claims cases are handled in the state's City, Town, and Village Courts.
What Is the Dollar Limit in New York Small Claims Cases?
Because of the relaxed procedures, you won’t be able to recover as much in small claims court as you would in other courts. You can recover $3,000, $5,000, or $10,000 in a New York small claims court action depending on the town, village, or city court in which you file. Specifically, the dollar limits are:
- $10,000 in New York City
- $5,000 in Nassau County, Western Suffolk County, and City Courts (excluding New York City), and
- $3,000 in Eastern Suffolk County, Town Courts, and Village Courts.
If you’d like to recover more, you must go to a higher court. However, it might not be worth the effort required to learn the complicated rules or the cost of hiring an attorney.
What Type of Claim Can I Bring in a New York Small Claims Court?
Almost any matter that can be resolved by awarding money is fair game. Small claims court is often used to recover unpaid debts, wages, security deposits, and medical costs after minor injuries, such as dog bites. For instance, small claims court works well if you want reimbursement for your rental unit’s broken fence after an unapproved Airbnb party or for a door ding incurred in a parking lot.
"Defendants," or the parties being sued, can include mechanics, dry cleaners, and caterers who fail to provide the agreed-upon services. Or, if a retailer doesn’t give you a refund after your lawn mower malfunctions or your hair dryer catches fire, you can use small claims court to bring a defective merchandise claim.
Landlords also use small claims court to recover unpaid rent and property damage. However, eviction cases aren't filed in a New York small claims court.
Also, small claims court probably won’t be the proper forum if you want something other than money. For example, you must go to a family law court if you want to file for divorce or change child custody. In addition, most small claims courts won’t allow you to ask for punitive or “punishment” damages, bring libel or slander actions, or sue a governmental entity. Because the actions you can bring in small claims court vary by state, check your local small claims court website for specifics.
How Do I File a Small Claims Action in New York?
The first step is filling out the necessary forms for your claim and paying the required fees. The claim would be called a “complaint” in a higher court. You'll need the name and address of the defendant (the person or business you're suing). You'll also need details about your claim, including the date the claim arose and the amount you intend to ask for, known as your "damages." Because each small claims court has its own local rules, and some have specific forms, more particulars might be needed.
If you are at least 18 years old and asking for less than the small claims court limit, you can file a claim in New York’s small claims court. Those under 18 must be emancipated or have a parent or guardian file on their behalf.
Also, most small claims courts allow business entities, such as corporations or partnerships, to bring actions in small claims courts. Consult your small claims court clerk or website for special rules.
Can I Hire a Lawyer to Represent Me in Small Claims Court in New York?
If you’re uncomfortable representing yourself, you can hire a lawyer. Legal counsel can represent claimants in New York small claims court. However, you're not required to have an attorney, and most people find small claims court to be easy enough to navigate on their own. But if you do decide to consult a lawyer, friends and family are typically good referral sources, or you can try an online directory.
How Much Time Do I Have to File a Small Claims Action in New York?
A limited amount because you must bring a lawsuit within the “statute of limitations” period. Limiting time helps courts resolve cases while memories are fresh and evidence is still available.
How many years you'll have under the statute of limitations will depend on whether it's an injury or property damage case, an oral or written contract matter, or another cause of action. (Here are the statutes of limitations for some common causes of action in New York.)
Also, the rules aren't always as simple as they seem. For instance, the statute of limitations will stop temporarily, or “toll,” in some situations, such as if the plaintiff is a minor or incarcerated.
Caution: Check the applicable statute of limitations carefully. When conducting statute of limitations research, be thorough. You’ll lose the ability to pursue your case if you rely on the wrong statutory period and file too late.
Which New York Small Claims Court Should I File In?
New York has small claims courts in every town, village, and city. If you choose the wrong location, or "venue," the defendant can ask the court to move or dismiss the action.
Most small claims actions are filed in the small claims court in the city, town, or village where the person being sued lives, or where the business being sued is located. Rules about where you can bring your lawsuit vary depending on the situation, so you might have other options, such as filing where the incident giving rise to the claim occurred or where the property is located in the case of a landlord-tenant dispute.
If the defendant is a non-resident of New York, or if the defendant's residence is unknown, additional rules will apply. Consider reviewing the small claims court website, contacting the court clerk or self-help center, or speaking with a lawyer to ensure you file your action correctly.
How Do I Serve My Small Claims Action in New York?
You must inform the defendant when and where to appear in the small claims action. You accomplish this by delivering a copy of the small claims action in a procedure known as “service of process.”
In New York, you’ll contact the local small claims court for information regarding completing service of process because it varies between courts. You might be responsible for providing the defendant with notice of the trial date or the clerk might do it for you.
Does the Defendant Need to Respond to a Small Claims Action in New York?
If you're a defendant, you don't have to file a written response, but you must appear at the small claims hearing in order to prevent the plaintiff from getting a "default" judgment automatically. Learn more about defending a small claims action.
How Do I Get Ready for Trial in Small Claims Court?
Most people don't enjoy appearing in court, and stress can run high. The best way to ensure that you'll do your best is through careful preparation. Unless you request a jury trial, a judge will hear and decide your small claims case in New York. You'll want to do the following before your hearing:
- prepare a compelling statement
- gather documents and evidence, such as contracts, credit card statements, and photographs
- select reliable witnesses (people who saw what happened or experts on the subject matter of the claim involved) to come to court to tell what they have seen or heard (they might be able to submit a statement)
- decide on the order in which you will present your evidence, and
- prepare what you will say in court.
You'll want to outline the points you plan to make to avoid missing anything. Also, organize the exhibits you want to introduce according to when you'll use them.
It's a good idea to educate yourself on the basic rules of evidence because they apply in small claims court. However, proving your “damages” or the amount you've lost can be simpler because the judge can consider estimates, bills, and other loss statements.
What Happens If the Other Side Doesn’t Show Up?
You'll likely win by default. However, you won't automatically get the requested claim amount. Be prepared to "prove up" your damages. You'll explain to the court how you determined the amount of loss and present supporting evidence.
What Happens If I Win My New York Small Claims Case?
The judge will order the other party to pay a specified amount if you win. Some judges announce the decision immediately following the hearing. However, in most courts, the clerk will “enter” or file and mail the judge's decision a few days after the hearing.
How Do I File a New York Small Claims Court Appeal?
If you disagree with the outcome of the case, you can appeal. But you'll have to move fast. You'll lose your rights if you don't file an appeal on time.
New York law allows either party to file an appeal within 30 days of the judge's decision, but appeals are allowed only on the ground that “substantial justice” was not done
Caution: Check the dates carefully. You must comply with appeal requirements explicitly. If unsure about the appeal process, follow up with the self-help center or a local attorney.
How Do I Collect a Money Judgment?
Ideally, all will go smoothly, and you’ll emerge the victor. But the matter won't be over if the defendant isn't willing to pay the court judgment because the court won't collect the money judgment for you. You'll need to take steps to collect the money judgment.
If you analyzed your chances of getting paid before filing, you likely determined that the defendant wasn't “judgment proof,” or someone who doesn't have collectible assets. However, not every plaintiff does this research beforehand. Either way, the next step is learning how to collect your small claims money judgment.
Most people try to levy a bank account or garnish wages first because these approaches are usually more fruitful than trying to recover property. If you don't know where to find the defendant's assets, your court will likely have a discovery process that will let you find out.
In some courts, you'll send out a questionnaire. In others, you'll ask the defendant asset-related questions at the courthouse under oath in the hallway. The judge doesn’t get involved unless the defendant refuses to answer a valid question.
Where Can I Get More New York Small Claims Court Information?
Most small claims courts have some self-help service available, and that's usually a good place to start. You’ll also find detailed small claims information in Everybody's Guide to Small Claims Court, by Cara O'Neill (Nolo). It includes helpful tips covering all aspects of the small claims process, including preparing a compelling case and collecting the money when you win.