New York Small Claims Filing Guide (2026)
Free step-by-step guide for your state: which court, the limit, the official form, filing fees and what to bring. New York limit: Small Claims — up to $10,000 in New York City Civil Court; up to $5,000 in City Courts and in Nassau and Suffolk District Courts; up to $3,000 in Town and Village Courts.
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How to file in New York small claims court
- Send a demand letter first.
- Check the limit and the right court (below).
- Fill out the official claim form and file it with the clerk in the county where the defendant lives or where the transaction happened.
- Pay the filing fee or ask for a fee waiver if you cannot afford it.
- Have the defendant served as the court requires (in many states you cannot serve the papers yourself).
- Prepare for the hearing: bring the note/contract, receipts, photos, messages, your demand letter and proof of mailing, and copies for the judge and the other side.
- If you win and are not paid, ask the clerk about post-judgment collection options.
New York
- Individuals: Small Claims — up to $10,000 in New York City Civil Court; up to $5,000 in City Courts and in Nassau and Suffolk District Courts; up to $3,000 in Town and Village Courts.
- Businesses (corporations, LLCs, partnerships with a principal office in New York): use Commercial Claims, up to $5,000, no more than five claims per month statewide.
- Commercial claims about a consumer transaction: send a demand letter at least 10 and no more than 180 days before filing, with a copy of the original agreement and an accounting of payments, and certify the mailing.
- Filing fee: $15 (claims up to $1,000) or $20 (over $1,000); commercial claims $25 plus postage.
- Official help: https://www.nycourts.gov/courthelp/SmallClaims/
General information, not legal advice. Rules, fees and forms change — confirm with the court clerk before filing.
New York small claims: key facts
- Court
- Small Claims Part
- Limit
- Small Claims — up to $10,000 in New York City Civil Court; up to $5,000 in City Courts and in Nassau and Suffolk District Courts; up to $3,000 in Town and Village Courts.
- Demand letter required first?
- Individuals: no. Commercial claims about a consumer transaction: a demand letter 10 to 180 days before filing, with a copy of the agreement and an accounting of payments.
- Official form
- Check with the court clerk.
- Filing fee
- $15 (claims up to $1,000) or $20 (over $1,000); commercial claims $25 plus postage.
Official sources: NY Courts — Small claims · NYC Commercial claims and consumer transactions · Last reviewed: October 2026
Frequently asked questions
- What is the small claims limit in New York?
- Small Claims — up to $10,000 in New York City Civil Court; up to $5,000 in City Courts and in Nassau and Suffolk District Courts; up to $3,000 in Town and Village Courts.
- Do I have to send a demand letter before suing in New York?
- Individuals: no. Commercial claims about a consumer transaction: a demand letter 10 to 180 days before filing, with a copy of the agreement and an accounting of payments.
- How much does it cost to file in New York?
- $15 (claims up to $1,000) or $20 (over $1,000); commercial claims $25 plus postage.
- What if I am owed more than the limit?
- You may reduce your claim to the limit and give up the rest, or file in a regular civil court. The guide shows this if your amount is above the limit.
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