By the SmallClaims editorial team
In New York, you can sue in small claims court for up to $10,000 in NYC or $5,000 in most city courts outside the five boroughs — and getting your case started costs as little as $15 in filing fees if you know exactly where to go and what form to file.
This guide walks through a realistic scenario — a Brooklyn tenant trying to recover a $4,800 security deposit — to show you how the rules work at every step: which form to use, which courthouse to visit, what the filing fee will be, and which deadlines you cannot miss. We cover the governing statutes, the differences between NYC Civil Court and upstate courts, and the notice period before your hearing date.
The Scenario: A $4,800 Security Deposit in Brooklyn
Say you're a tenant in Brooklyn. Your landlord kept your full $4,800 security deposit after you moved out, citing "damages" you believe were either pre-existing or normal wear and tear. You want your money back. Here's how the rules apply at each step.
Before you file anything, you need to confirm two things: (1) your claim is within the court's dollar limit, and (2) you're still within the statute-of-limitations deadline. At $4,800, you're well under the cap. The NYC Civil Court's Small Claims Part has monetary jurisdiction up to $10,000 — claims above that cannot be brought in Small Claims Court at all. And because your dispute involves a written lease, you have time: the deadlines under New York's CPLR range from one year for defamation claims to six years for breach of contract.
Which Court Do You File In? (And Where, Exactly)
New York's small claims system isn't a single court — it's a patchwork of different courts with different dollar limits depending on where you are. In New York City, it's the Civil Court's Small Claims Part; in other cities, it's the City Court; and in rural areas, it's the Town or Village Justice Court. Dollar limits differ: up to $10,000 in NYC Civil Court, $5,000 in City Courts, and $3,000 in Town or Village Courts.
In our scenario, you're in Brooklyn, which means you file at the NYC Civil Court. In order to sue an individual or business in a New York City Small Claims Court, that individual or business must be located in New York City. If the defendant resides, works, or has a place of business in NYC, you may file your Statement of Claim either in the Small Claims Court in the borough where you live or in the borough where the defendant resides, works, or has a place of business.
Here are the five NYC Civil Court small claims locations:
| Borough | Address | Phone | Dollar Limit |
|---|---|---|---|
| Brooklyn (Kings) | 141 Livingston St, Brooklyn, NY 11201 | (718) 262-7123 | $10,000 |
| Queens | 89-17 Sutphin Blvd, Jamaica, NY 11435 | (718) 298-0600 | $10,000 |
| Manhattan (New York) | 111 Centre St, New York, NY 10013 | (646) 386-5484 | $10,000 |
| Bronx | 851 Grand Concourse, Bronx, NY 10451 | (718) 618-3100 | $10,000 |
| Staten Island (Richmond) | 927 Castleton Ave, Staten Island, NY 10310 | See nycourts.gov | $10,000 |
Outside New York City — say you're in Nassau or Suffolk County — you can sue for up to $10,000 in New York City, $5,000 in Nassau and Suffolk Counties and other city courts, and $3,000 in town and village courts in the rest of the state. If you're upstate and filing in a town or village justice court, look up your specific court at nycourts.gov — procedures vary and the filing fee schedule is different.
The Form: Statement of Claim
There's only one form you need to start a New York small claims case: the Statement of Claim. The clerk provides a "Statement of Claim" form requiring your name, address, defendant's information, amount claimed, and concise reason for the dispute. Keep the reason short and factual — "Defendant failed to return $4,800 security deposit after lease ended March 2026" is better than a two-paragraph argument. The hearing is where you make your full case.
In our Brooklyn scenario, you go to 141 Livingston Street in person. To start your case, you, or someone on your behalf, must file, in person, a "Statement of Claim" form with the Small Claims Court. There's one exception to the in-person requirement: you may file a claim form by mail only if you live outside New York City and you want to sue a defendant located in New York City, or if you are over 65 or you are disabled and cannot come to court in person.
One critical detail: make sure you name the defendant correctly. If you're suing an LLC or corporation, use the exact registered name from the New York Secretary of State's business search — not a trade name or "doing business as" name. Getting this wrong is one of the most common reasons small claims cases get dismissed or complicate judgment collection later.
Filing Fees and Payment Rules
Filing fees are $15 for claims up to $1,000 and $20 for claims between $1,001 and $10,000. This fee covers administrative costs and the court's mailing of notice to the defendant. For our $4,800 deposit claim, the fee is $20.
Fees must be paid by cash (exact change only), certified check, money order, or bank check made payable to "Clerk of the Civil Court." Personal checks are not accepted. If you can't afford the fee, you're not automatically barred: if you cannot afford the fee, you may apply to proceed as a "poor person" — a judge can waive the cost upon proof of financial hardship.
Town and village courts outside NYC use a different fee schedule. Town and Village Justice Courts charge $10 if the claim is $1,000 or less, and $15 if it's over $1,000 (up to the applicable limit). Always confirm the current fee with the specific court clerk before you go — some courts require exact change or specific payment forms.
Key Deadlines: Statutes of Limitations and the Hearing Timeline
There's no single "small claims statute of limitations" in New York — the deadline depends on what type of claim you have. There is no difference in the statute of limitations for a regular NY lawsuit and a small claims lawsuit; there is a statute of limitations for the type of small claims lawsuit you have. The deadlines are set by New York's Civil Practice Law and Rules (CPLR):
In our deposit scenario, the lease is a written contract, so you have six years from the date the landlord should have returned the deposit. That said, don't wait. Witnesses' memories fade, landlords go out of business, and documentary evidence becomes harder to gather. File as soon as your demand letter deadline has passed without a response.
Once you file, the clock shifts to the court's notice timeline. After submission, you receive a stamped copy with the hearing date — usually four to six weeks away. The court mails two notices to the defendant (certified and regular mail). The court assumes the defendant received notice of the case so long as the Post Office does not return the first-class mail as undeliverable.
What Happens at the Hearing — and the Arbitration Choice
Small Claims Court cases are automatically placed on the court's evening calendar so that most people do not have to miss work to bring their lawsuits. There are daytime hours available as well, for people who cannot come in the evening.
Small Claims Court cases are mostly decided by volunteer arbitrators. However, either party may choose to have the case heard by a Civil Court judge. This choice matters: if an arbitrator decides your case, you cannot appeal their decision. If a judge or jury decides your case, either party may appeal the judgment. If you're confident in your case and want finality quickly, arbitration is fine. If your case is complex or you're worried about the outcome, request a judge and preserve your right to appeal.
In our Brooklyn deposit case: bring your lease, move-out inspection checklist, photos of the apartment condition, any written communications with the landlord about the deposit, and your certified mail return receipt from the demand letter you sent before filing. Present evidence in logical order — start with contracts or invoices establishing obligation, then show proof of delivery or performance, followed by payment failure or damage.
If You're the Defendant — Not the One Filing
Getting served in a small claims case doesn't mean you've lost. You have options. Prepare a defense by gathering evidence that supports your side of the story. Consider filing a counterclaim if the person suing you owes you money. Explore settlement before the court date. And show up — if you don't, the judge may decide against you automatically. This is known as a "default judgment," and it's hard to undo.
If you have a claim against the person who sued you, a counterclaim should be filed within five days of your receipt of the summons and notice of claim. However, if you file after five days, the claimant in the initial proceeding may request an adjournment of the hearing date, which the court may grant.
One powerful but little-known tool for judgment creditors: if the judgment debtor has three or more unpaid recorded judgments including your own and has the ability to pay them, you may be able to sue for treble damages — meaning you can be awarded three times the original judgment amount. Ask the small claims clerk if the defendant is listed in the index of unsatisfied judgments before your hearing.
About SmallClaims: We build small claims court forms and filing guides for consumers handling their own cases. We publish state-specific guides on filing, evidence, and judgment collection, updated as court rules change.
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We build small claims court forms and filing guides for consumers handling their own cases. We publish state-specific guides on filing, evidence, and judgment collection, updated as court rules change.
Get started →Frequently asked questions
What is the dollar limit for small claims court in New York in 2026?
It depends on which court you're filing in. In the five boroughs of New York City, the NYC Civil Court Act § 1801 sets the limit at $10,000. Outside NYC, city and district courts (including Nassau and Suffolk Counties) cap claims at $5,000 under the Uniform City Court Act § 1801. Town and village justice courts outside NYC are capped at $3,000 under the Uniform Justice Court Act § 1801. You cannot split a single claim into smaller amounts to get around the cap — courts treat that as impermissible claim-splitting.
What form do I need to file a small claims case in New York, and where do I get it?
You file a "Statement of Claim" form. In NYC, you get this form at the small claims clerk's office in the Civil Court for the borough where the defendant lives or works — you generally must file in person (141 Livingston St in Brooklyn, 111 Centre St in Manhattan, 851 Grand Concourse in the Bronx, 89-17 Sutphin Blvd in Queens, or 927 Castleton Ave in Staten Island). Outside NYC, visit your local city, town, or village court clerk. If you're over 65 or disabled and can't appear in person, you may file by mail. You can also download forms from nycourts.gov before you go to save time at the window.
How long do I have to file a small claims case in New York?
There is no single "small claims" deadline — the statute of limitations depends on your claim type under New York's CPLR. For disputes involving a written contract (like a lease or service agreement), you have six years from the date of breach under CPLR § 213. For property damage or personal injury, it's three years under CPLR § 214. For disputes over the sale of goods, it's four years under UCC § 2-725. Missing the deadline typically means the court will dismiss your case regardless of how strong your evidence is, so file well before the clock runs out.
Can corporations or businesses file in New York small claims court?
Individual people (18 or older) and sole proprietors can use the regular Small Claims Part. Corporations, partnerships, and associations cannot file in the regular Small Claims Part — they must use the Commercial Small Claims Part of the NYC Civil Court or equivalent division elsewhere. However, a corporation or business can be named as a defendant in a regular small claims case. If a business is suing an individual over a consumer transaction, it must also send a demand letter between 10 and 180 days before filing. Regardless of who is filing, a lawyer is not required and either party may choose to hire one.