Learn how to file a small claims case in New York, including determining jurisdiction, preparing your case, and understanding the court process. Follow our tips for success and ensure your dispute is resolved efficiently.
A New York jury awarded former The New York Times columnist Devan Sipher $85 million after a bus struck him in a Manhattan crosswalk. The accident left him with permanent injuries and millions in past and future medical expenses.
Not all personal injury cases involve such large sums. For smaller personal injury cases, there is a more accessible, efficient, and cost-effective option: small claims court.
Small claims court is a special section of the New York court system where individuals can resolve disputes involving relatively small amounts of money. The court is designed to be more user-friendly and less formal than other courts, making it easier for non-lawyers to represent themselves.
In New York, the monetary limits for small claims court vary based on the type of court:
| New York City Civil Court | City Courts outside New York City | Town and Village Courts |
|---|---|---|
| Disputes up to $10,000 | Disputes up to $5,000 | Disputes up to $3,000 |
Small claims court can handle a wide variety of cases, including:
It's important to note that small claims courts cannot handle cases involving more than the monetary limits, eviction cases, or actions for divorce or custody. What’s more, you cannot sue for pain and suffering.
If your case falls outside these parameters, you may need to seek resolution in a different court.
Choosing the right court to file your small claims lawsuit is crucial for ensuring that your case is heard. Generally speaking, you must file your claim in the court located in the town or village, county, or city where:
Consider the following hypothetical:
John, a resident of Albany, New York, recently had his laptop damaged during a business trip to Buffalo. He believes the damage was caused by the carelessness of a hotel employee in Buffalo. John wants to file a small claims lawsuit in Albany to seek compensation for the repairs, which amount to $2,500.
However, the hotel, which is the defendant in this case, has no connection to Albany. The hotel does not have a business location, office, or any property in Albany. Additionally, the employee involved does not live or work in Albany.
Due to these circumstances, John cannot file his small claims case in Albany because the court there does not have jurisdiction over the defendant. Instead, John must file his lawsuit in Buffalo, where the defendant has a business presence and where the incident occurred. This ensures the case is heard in the proper venue with the correct jurisdiction over the parties involved.
Small claims cases are heard in city, town, and village courts throughout New York State. However, not all courts hear small claims cases every day. To find the appropriate court and its contact information, use the court locator tool on the New York State Unified Court System’s website. You can search by county and court type, then click on "Find the Court" for details.
For further assistance, you can call 1-800-COURTNY (1-800-268-7869) or contact the court clerk directly to inquire about the days and hours small claims cases are heard.
Once you determine the proper jurisdiction, follow these steps to file your claim:
Can the person I am suing sue me?
If the person you’re suing wants to sue you, they may file a small claims counterclaim after receiving your lawsuit. A counterclaim costs $3-5 plus the cost of mailing.
On your court date, arrive early and dress appropriately. Bring all your evidence and any witnesses who will support your case. The process typically involves the following steps:
Unfortunately, winning a judgment in small claims court doesn’t guarantee payment. If the defendant refuses to satisfy the judgment, there are some steps you can take:
In New York, a small claims judgment is valid for 20 years. If necessary, you can renew the judgment before it expires to keep your right to collect.
Enjuris tip:Learn more about civil judgments, including tools for enforcement.
We can’t guarantee your small claims lawsuit will be successful. But we can provide you with some tips to increase your chances of having success:
Be prepared: Thoroughly prepare your case by gathering all relevant evidence and practicing your presentation. Clear, concise, and organized arguments are more likely to persuade the judge.
Stay calm and respectful: Maintain a calm and respectful demeanor throughout the process. Address the judge as "Your Honor" and be polite to all court personnel.
Be honest: Always tell the truth. Exaggerating or lying can damage your credibility and hurt your case.
Listen carefully: Pay close attention to what the judge and the defendant say. Take notes if necessary and be ready to respond to any questions or points raised.
Use visual aids: If appropriate, use visual aids such as photographs, diagrams, or charts to help illustrate your points.
Know the law: Familiarize yourself with the relevant laws and court rules. This can help you understand your rights and obligations and avoid common pitfalls.
Small claims courts are an excellent option for resolving disputes involving smaller amounts of money without the need for an attorney. By filing in the appropriate court and following our tips, you can increase your chances of success.
If your claim is too complex or involves a significant amount of money, consider consulting with a New York attorney to explore your options. Many attorneys offer free initial consultations.
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