New York Small Claims Court
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UPDATED: Dec 29, 2019
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If you have a legal dispute in New York that involves damages or property worth less than $3,000, you should file your lawsuit in New York small claims court. The streamlined, simple, and straightforward small claims process was designed to help people with smaller claims avoid tangled and expensive litigation in ordinary civil court. You can represent yourself or use an attorney in New York small claims court; if you are filing the small claim, you are known as the plaintiff; the person or business entity you are filing against is the defendant.
Claim Limit: In New York, claims under $3,000 are heard in small claims court.
Where to File: Where to file your claim depends on where you live in New York. If you live in New York City, you will need to file with the City Civil Court; if you live in a rural area, you will need to file in the local Justice Court; if you live in Nassau or Suffolk County, you will need to file in District Court, except the 1st District; and if you live in any other city, you should file your small claim case in Justice Court.
Types of Cases: Cases covered in New York small claims court include property and monetary disputes that are worth less than $3,000 total. These include landlord/tenant disputes, arguments over contractual obligations, complaints of failure to re-pay money or return property, claims for damages following car accidents or minor personal injuries, and similar small cases that are not of a criminal nature.
Who Can File: Business entities (partnerships and corporations) and individuals may file small claims in the state of New York; individuals must be of legal age (18) in order to file a small claim. Minors must have their parent or legal guardian file a small claim on their behalf.
Forms: Forms vary from court to court, but generally involve filing a complaint laying out the information, type of claim, and details of your case. Make sure to gather related documents and the valid address of the defendant(s) before filing your complaint form. In addition, you may need to file an affidavit if you wish to insist on a jury trial. Check with your local court for more specifics on rules, forms, and filing fees. The clerk of the court can help you with sample forms and fee schedules, though the clerk is not authorized to tell you which forms to file or to advise you on your claim. If you need advice on which forms to file or on any aspect of your small claims case, contact the New York State Bar Association or a legal aid group in your area, or try an experienced New York small claims attorney.
For more state-specific information and links to your state’s small claims court resources, see Small Claims Court Information and Links.