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New York Small Claims Court Limits
NYC has a separate Commercial Small Claims Court for businesses with a $10,000 limit.
Court Name: Small Claims Part of Civil Court (NYC) / City, Town, or Village Court (Upstate)
Official Website: https://www.nycourts.gov/courts/nyc/smallclaims/
Filing Fees in New York
Filing fees vary based on the amount you're claiming:
| Claim Amount | Filing Fee |
|---|---|
| Under $1,000 | $15 |
| Over $1,000 | $20 |
NYC small claims fees. Upstate courts may vary slightly.
Serving the Defendant
In NYC, the court will mail the claim to the defendant. You only need personal service if mail fails.
Allowed Service Methods:
- Certified mail (court handles)
- Personal service
Important: You must serve the defendant at least 8 days before the hearing date.
What to Expect at Your Hearing
After filing, you'll typically wait 30-60 days for your hearing date.
No Lawyers Required: In NYC small claims court, attorneys CANNOT represent individual parties - you must represent yourself. Corporations must send an officer or employee with authority to settle. Upstate NY courts may have different rules - check with your local court.
Appeals
Defendant can appeal within 30 days. Plaintiff has limited appeal rights.
New York Statute of Limitations
You must file your lawsuit within these time limits from when the dispute occurred:
| Type of Claim | Time Limit |
|---|---|
| Written Contract | 6 years |
| Oral Contract | 6 years |
| Property Damage | 3 years |
| Personal Injury | 3 years |
Do I Need a Demand Letter Before Filing?
A demand letter can help settle your dispute before court and shows the judge you made a good faith effort to resolve the matter.
Create Your Free Demand Letter
Before going to court, try sending a demand letter. It's free, takes 5 minutes, and often resolves disputes without filing.
Create Free Demand LetterFrequently Asked Questions
What is the small claims court limit in New York?
The New York small claims court limit is $10,000 for both individuals and businesses.
How much does it cost to file small claims in New York?
Filing fees are $15 for claims under $1,000 and $20 for claims over $1,000 in NYC. Commercial claims cost $25.
Can I have a lawyer in New York small claims court?
No. In NYC small claims court, attorneys cannot represent individual parties - you must represent yourself. You can consult with a lawyer before your hearing, but they cannot appear with you in court.
Does New York have a separate commercial small claims court?
Yes. NYC has a Commercial Small Claims Court for businesses with disputes up to $10,000.
More Resources: All State Guides | Demand Letter Templates | Statute of Limitations Lookup