New York runs small claims through the NYC Civil Court, city courts outside New York City, and town and village (justice) courts. Unlike states with downloadable numbered forms, New York has you commence the case in person with the clerk, who helps you complete a statement of claim — and the court, not you, serves the defendant.
The short version: go to the small claims clerk in the right county, fill out a statement of claim with the clerk’s help, and pay a $15 or $20 fee. The court mails notice to the defendant. Limits are $10,000 (NYC), $5,000 (city courts), and $3,000 (town/village). Details at nycourts.gov.
How You Start a New York Small Claims Case
New York’s process centers on the clerk rather than a set of downloadable forms:
📄 Statement of claim (filed in person)
You commence the case by going to the small claims clerk’s office in the proper county and filling out a statement of claim; the clerk assists you. There is no separate downloadable form number you must file yourself — the clerk prepares the notice of claim from what you provide (Civil Court Act § 1803 and equivalents).
📬 Service — handled by the court
You do not serve the defendant. After you file, the clerk mails the notice of claim by both certified mail and ordinary first-class mail. This is one reason New York small claims is simpler than most states.
⚖️ If the defendant doesn’t appear
If the defendant is properly noticed and fails to appear, you can ask the court for judgment; you still present your proof. Ask the clerk about the exact steps in your court.
Where to Get Official New York Forms
New York forms are free from the official sources below. Always use the current official version, and confirm any local (county/court) variations before you file.
- New York Courts — Small Claims — nycourts.gov/help/small-claims
- CourtHelp — Small Claims — nycourts.gov/courthelp/smallclaims
- Starting a case in NYC Small Claims Court — nycourts.gov (starting a case)
- Your local courthouse or clerk — the small claims / court clerk can provide the current forms and tell you which ones your court requires.
New York Small Claims Limits & Fees
| Court type | Small claims limit |
|---|---|
| NYC Civil Court | $10,000 |
| City courts (outside NYC) | $5,000 |
| Town & village (justice) courts | $3,000 |
| Nassau & Suffolk District Courts | $5,000 |
Filing fees are low and tiered: $15 for claims of $1,000 or less and $20 for claims over $1,000. The limit depends on which court hears your case, as shown above — confirm your court and its current limit at nycourts.gov before you file.
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Start My Claim — $19This page is general information, not legal advice. New York small claims forms, fees, and limits change over time and can vary by county — always use the current official forms and verify requirements with your court before you file.