New York small claims court is actually a three-tier system depending on where you live — a structural quirk that trips up more filers than almost any other detail in this guide series. NYC Civil Court’s Small Claims Part handles disputes up to $10,000. City Courts elsewhere in the state handle up to $5,000. Town and Village Justice Courts — covering most of the state outside cities — cap out at $3,000. Filing in the wrong forum, or assuming the $10,000 NYC limit applies statewide, is one of the most common and avoidable mistakes New York filers make.
New York also has two features almost no other state offers: the court clerk serves the defendant by mail at no extra cost under CCA § 1803, meaning most plaintiffs never pay for a process server — and NYC Civil Court runs night sessions specifically so working plaintiffs and defendants do not have to take time off during the day. This guide covers the complete New York process across all three court tiers, the Commercial Claims Part rule that bars businesses from filing as plaintiffs in regular Small Claims Court, the Consumer Credit Fairness Act’s dramatic 2022 shortening of the debt-collection statute of limitations, and the specific collection tools — income execution, bank levy, information subpoena — that get you paid once you have a judgment.
New York Small Claims — Fast Facts (2026)
- Claim Limit — NYC Civil Court
- Up to $10,000
- Claim Limit — City Courts
- Up to $5,000
- Claim Limit — Town/Village Courts
- Up to $3,000
- Who Can File
- Individuals only — businesses use Commercial Claims Part
- Filing Fee
- $15 (≤$1,000) / $20 (>$1,000)
- Service
- Free — clerk mails via certified + first-class mail
- Post-Judgment Interest
- 9% per year (2% for consumer debt) — CPLR § 5004
- Judgment Valid
- 20 years — CPLR § 211(b)
- Wage Garnishment Cap
- Lesser of 10% gross or 25% disposable — CPLR § 5231
- Arbitration Option
- Available — final, no appeal
What Makes New York Small Claims Different
1. Three Different Dollar Limits Depending on Where You File
Unlike most states with one statewide cap, New York’s limit depends entirely on which court handles your case: $10,000 in NYC Civil Court, $5,000 in City Courts elsewhere in the state, and $3,000 in Town and Village Justice Courts. If you have moved recently or are filing against someone in a different part of the state, confirm the correct limit for your specific court before assuming the $10,000 NYC figure applies.
2. Businesses Cannot File as Plaintiffs in Regular Small Claims Court
Under CCA § 1801, only individuals may bring a case in the standard Small Claims Part. If you are suing on behalf of a corporation, partnership, or LLC, you must file instead in the Commercial Claims Part (CCA § 1801-A) — a similar informal, low-cost forum designed specifically for business plaintiffs, with a filing fee of roughly $25–$30. Importantly, this restriction only applies to plaintiffs: a business can still be sued in regular Small Claims Court and may appear to defend itself or file a counterclaim there.
3. The Court Clerk Serves the Defendant for Free
Under CCA § 1803, the clerk serves the defendant by certified mail and first-class mail using the address you provide — at no additional cost to you. This is a significant cost advantage: in most other states, service by sheriff or process server adds $30 to $150 to your upfront costs. In New York, total filing-and-service cost in NYC Civil Court typically runs only $35 to $45 all-in. If the mailed service fails, you may then need to arrange personal service, but this is the exception rather than the rule.
4. Night Court Sessions
NYC Civil Court runs evening small claims sessions — typically starting around 6:30 PM — in several court parts, specifically so that working plaintiffs and defendants do not have to miss work or arrange childcare during business hours. This is a rare accommodation among small claims courts nationally and is worth requesting if daytime attendance is difficult for you.
5. Consumer Credit Fairness Act Cut the Debt-Collection SOL in Half
New York’s Consumer Credit Fairness Act, signed in late 2021 and effective April 7, 2022, shortened the statute of limitations for consumer credit transactions — credit card debt, personal loans, and similar consumer accounts — from 6 years down to just 3 years under CPLR § 214-i. This is one of the most consequential small-claims-relevant legal changes in New York in the past decade. If you are pursuing or defending against a consumer debt claim, confirm which statute of limitations applies — general contract claims remain at 6 years, but consumer credit specifically is now 3 years.
6. Arbitration Option — Final and Unappealable
At your hearing, you may be offered the option of arbitration before a trained volunteer attorney instead of a trial before a judge. Arbitration is typically faster and more informal. However, if you choose this option, the decision is final and cannot be appealed by either party. If you want to preserve appeal rights, request a judge rather than an arbitrator.
New York Small Claims Filing Fees (2026)
| Claim Amount | Filing Fee (Individual) |
|---|---|
| Up to $1,000 | $15 |
| $1,000.01 – $10,000 | $20 |
Corporations and businesses filing in the Commercial Claims Part typically pay $25–$30. Service is included at no extra charge in most cases since the clerk mails the summons directly. Total cost to file and serve in NYC Civil Court typically runs $35–$45 all-in — among the lowest total costs of any state in this guide series.
Fee waiver: If you cannot afford the filing fee, you may ask a judge to waive it under CPLR § 1101.
New York City — The Five Borough Courts
NYC Civil Court’s Small Claims Part operates separately in each of the five boroughs. File in the borough where the defendant lives, works, or where the dispute occurred.
| Borough | Court | Notes |
|---|---|---|
| Manhattan | New York County Civil Court | 111 Centre St., New York, NY 10013 |
| Brooklyn | Kings County Civil Court | 141 Livingston St., Brooklyn, NY 11201 |
| Queens | Queens County Civil Court | 89-17 Sutphin Blvd., Jamaica, NY 11435 |
| Bronx | Bronx County Civil Court | 851 Grand Concourse, Bronx, NY 10451 |
| Staten Island | Richmond County Civil Court | Temporarily relocated to 18 Richmond Terrace during renovation (as of June 2026) |
Outside New York City: file in your local City Court (up to $5,000) or Town/Village Justice Court (up to $3,000). Find your local court at nycourts.gov.
Step-by-Step: How to File in New York
Step 1 — Confirm the Correct Court and Limit
Determine whether you are filing in NYC Civil Court ($10,000 limit), a City Court ($5,000 limit), or a Town/Village Justice Court ($3,000 limit). You cannot split a claim above the limit into multiple smaller claims to stay under the cap — attempting to do so will result in dismissal or consolidation.
Step 2 — Send a Demand Letter
New York does not require a demand letter before filing, but sending one by certified mail is good practice. State the amount owed, why it is owed, and a deadline to pay. Keep proof of mailing as your first exhibit.
Step 3 — Confirm You Are Filing Against the Correct Legal Name
If the defendant is a business, confirm the correct legal name and address — your County Clerk’s office can help you locate the registered legal name for a business operating under a trade name.
Step 4 — File Your Claim
Visit the small claims clerk’s office in the court where the defendant lives, works, or where the dispute occurred. Complete the claim form with the defendant’s correct name and address, a description of your claim, and the amount sought. Pay the filing fee ($15 or $20 in NYC; confirm the fee at City/Town/Village Courts, which may differ slightly).
Step 5 — Service Is Handled by the Clerk
Under CCA § 1803, the court clerk serves the defendant by certified mail and first-class mail using the address you provided. You generally do not need to hire a process server. If mailed service fails — for example, the certified mail is returned undelivered — you may need to arrange personal service through a process server or the sheriff at that point.
Step 6 — Prepare Your Evidence
Bring contracts, receipts, photographs, texts, emails, and any other supporting documents. New York small claims hearings are informal and conversational — organize your materials clearly but do not expect a formal, rules-of-evidence-heavy proceeding.
Step 7 — Attend the Hearing (or Choose Arbitration)
At the hearing, you may be offered the option of arbitration before a trained volunteer attorney instead of a judge. Arbitration decisions are final and cannot be appealed by either side — if you want to preserve your appeal rights, request a judge. NYC Civil Court offers evening sessions in several parts for those unable to attend during the day.
How to Collect Your New York Small Claims Judgment
The defendant has 30 days to pay voluntarily once judgment is entered. If they do not pay, New York gives you several enforcement tools under CPLR Article 52. Post-judgment interest accrues at 9% per year under CPLR § 5004 — or just 2% per year if the case is a consumer debt matter and the defendant is an individual.
Step 1 — Get a Transcript of Judgment
Obtain a certified Transcript of Judgment from the clerk (approximately $10). This document is required before pursuing most enforcement actions.
Step 2 — Locate the Defendant’s Assets (Information Subpoena)
If you do not know the defendant’s employer, bank, or property, serve an information subpoena on the defendant or a third party (such as their bank) under CPLR Rule 5224. The subpoena must include written questions and a prepaid return envelope; the recipient has 7 days to respond in writing under oath. If sending the subpoena to a third party rather than the debtor directly, you must include a signed certification stating you have a reasonable belief the recipient holds relevant information — a subpoena lacking this certification is void.
Step 3 — Income Execution (Wage Garnishment)
Contact the City Marshal (in NYC) or Sheriff (outside NYC) to initiate an income execution. New York’s income execution is capped at the lesser of 10% of gross wages or 25% of disposable earnings above 30 times the applicable minimum wage under CPLR § 5231 — meaningfully more protective of the debtor than the federal standard. If the debtor’s disposable earnings fall below the 30x minimum wage threshold, nothing can be garnished at all.
To initiate in NYC, file with the NYC Sheriff’s Office and pay two separate $40 fees — one for the debtor filing, one for the employer filing. If the employer is the City of New York itself, an additional $2 fee payable to the City Comptroller applies.
Step 4 — Bank Account Levy
If you have the defendant’s bank information — for example, from a cancelled check from a prior transaction — the marshal or sheriff can restrain and seize funds directly from the account under CPLR Article 52.
Step 5 — Property Execution
For seizure of personal property awarded in the judgment or as an enforcement mechanism, a City Marshal handles property executions in NYC. Expect a $10 receiving-and-entering fee plus a $25 mileage advance — a combined $35 before the marshal begins work — with additional fees possible as the execution proceeds. These costs are generally recoverable from the debtor, but only if collection is ultimately successful.
Step 6 — Real Property Lien
You may place a lien on the defendant’s real property, preventing them from selling or refinancing until the judgment is satisfied.
Judgment Valid for 20 Years
Your New York small claims judgment is valid for 20 years under CPLR § 211(b) and may be renewed.
Satisfaction of Judgment
Once you receive full payment, file an Acknowledgment of Satisfaction of Judgment with the clerk to close the record. Failing to do so can subject you to penalties or complaints from the debtor.
New York Statute of Limitations
| Claim Type | Period | Statute |
|---|---|---|
| Written contract (general) | 6 years | CPLR § 213(2) |
| Oral contract (general) | 6 years | CPLR § 213(2) |
| Sale of goods (UCC) | 4 years | UCC § 2-725 |
| Property damage / personal injury | 3 years | CPLR § 214 |
| Consumer credit transactions | 3 years (reduced from 6 in 2022) | CPLR § 214-i (Consumer Credit Fairness Act) |
Frequently Asked Questions — New York Small Claims Court
What is the small claims limit in New York in 2026?
It depends on the court: $10,000 in NYC Civil Court, $5,000 in City Courts outside NYC, and $3,000 in Town and Village Justice Courts. Confirm which court has jurisdiction over your specific case before filing.
Can a business file a small claims case in New York?
Not in the regular Small Claims Part — under CCA § 1801, only individuals may file there as plaintiffs. Businesses must use the Commercial Claims Part (CCA § 1801-A), a similar informal forum designed for business plaintiffs. A business can still be sued and can defend itself or file a counterclaim in regular Small Claims Court.
How much does it cost to file?
$15 for claims up to $1,000, $20 for claims over $1,000 up to $10,000. The clerk serves the defendant by certified and first-class mail at no additional charge, so total cost typically runs only $35–$45 in NYC.
What is the statute of limitations for small claims in New York?
General written and oral contracts: 6 years. Sale of goods under the UCC: 4 years. Property damage and personal injury: 3 years. Consumer credit transactions: 3 years since the 2022 Consumer Credit Fairness Act — down from the previous 6-year period.
Can I get a jury trial or choose arbitration?
You may be offered arbitration before a trained volunteer attorney instead of a judge. Choosing arbitration means the decision is final — it cannot be appealed. Request a judge if you want to preserve appeal rights.
How do I collect a judgment in New York?
Obtain a Transcript of Judgment from the clerk, then use a City Marshal (NYC) or Sheriff (outside NYC) to pursue an income execution (wage garnishment), a bank levy, or a property lien. An information subpoena can help locate the debtor’s assets first.
How much of my wages can be garnished in New York?
The lesser of 10% of gross wages or 25% of disposable earnings above 30 times the applicable minimum wage, under CPLR § 5231. If disposable earnings fall below that threshold, nothing can be garnished.
What is the post-judgment interest rate in New York?
9% per year under CPLR § 5004 — among the highest in the country. For consumer debt cases where an individual is the defendant, the rate drops to 2% per year.
How long is a New York small claims judgment valid?
20 years under CPLR § 211(b), and it may be renewed.
Does New York small claims court have night sessions?
Yes. NYC Civil Court runs evening sessions, typically starting around 6:30 PM, in several parts specifically to accommodate people who work during the day.
Next Steps
- How to Write a Demand Letter
- How to Collect Money After Winning
- What Evidence to Bring to Small Claims Court
- Small Claims Filing Fees — All 50 States
- Browse All 50 State Guides
Sources
- New York City Small Claims Court: nycourts.gov
- New York City Civil Court Act (CCA) § 1801 (Small Claims jurisdiction — individuals only)
- CCA § 1801-A (Commercial Claims Part)
- CCA § 1803 (Free service by clerk via certified + first-class mail)
- Uniform Justice Court Act § 1801 (Town/Village Court limits)
- CPLR § 213(2) (6-year general contract SOL)
- UCC § 2-725 (4-year sale of goods SOL)
- CPLR § 214 (3-year property damage / personal injury SOL)
- CPLR § 214-i (Consumer Credit Fairness Act — 3-year consumer credit SOL, effective April 7, 2022)
- CPLR § 5004 (9% post-judgment interest; 2% for consumer debt)
- CPLR § 211(b) (20-year judgment validity)
- CPLR § 5231 (Income execution / wage garnishment limits)
- CPLR Rule 5224 (Information subpoena procedure)
- CPLR § 1101 (Fee waiver)
- New York State Department of Labor — Guidance for Small Claims Court Actions (LS602)
