Ready for the clerk? In New York the court clerk prepares the claim with you in person. We prepare a Statement of Claim that sets out exactly what to tell the clerk — parties, amount, dates and what happened — plus a script for the hearing and an evidence checklist. Checking is free; $19 for the completed documents.
Check if your New York claim qualifiesThe New York Small Claims Form
📄 No form to fill in beforehand
There is no form to fill in beforehand: the court clerk prepares the claim with you in person. The official guidance is at nycourts.gov.
New York Limit, Fee and Filing Rules
| Item | Detail |
|---|---|
| Court | NYC Civil Court / City Court / Town & Village Justice Court |
| Claim limit | $10,000 |
| Limit: City court outside NYC, or Nassau/Suffolk District Court | $5,000 |
| Limit: Town or Village Justice Court | $3,000 |
| Claim form | No self-filed form — clerk prepares statement/notice of claim in person |
| Filing fee | $15 (≤$1k) / $20 (>$1k); town/village differ |
| Serving the defendant | CLERK mails notice: certified + first-class |
In New York, the exact court, local paperwork and fees can differ by county or court. The court finder below shows yours.
Filing Deadlines in New York
How long the law gives you to file. When the clock starts depends on the claim, so do not leave it late: a claim filed after the deadline can be dismissed however strong it is.
| Type of claim | Time to file | Law |
|---|---|---|
| Written contract | 6 years — 4 years for a sale of goods under UCC article 2; CPLR 213(2) also names CPLR 213-a, 214-i and GBL article 36-B as carve-outs. | N.Y. C.P.L.R. § 213(2) |
| Oral / verbal agreement | 6 years | N.Y. C.P.L.R. § 213(2) |
| Damage to property | 3 years | N.Y. C.P.L.R. § 214(4) |
| Personal injury | 3 years — 1 year for the intentional torts in CPLR 215, and 2 years 6 months for medical, dental or podiatric malpractice under CPLR 214-a. | N.Y. C.P.L.R. § 214(5) |
| Unpaid debt or account | 6 years — 4 years where the debt arises from a sale of goods under UCC article 2, which § 213(2) expressly excepts. | N.Y. C.P.L.R. § 213(2) |
Not sure which type yours is? The statute of limitations lookup covers more claim types.
Being Sued in New York Instead?
If they owe you money: File a statement of your counterclaim with the clerk within 5 days of receiving the notice of claim, with a $5 fee plus mailing costs. A late counterclaim is still allowed, but the claimant may get an adjournment. (N.Y. City Civ. Ct. Act § 1803(c))
The been-sued deadline lookup covers what happens if you do nothing.
Where to Get the Official New York Forms
Court forms are free from the official sources below. Use the current version from your court.
- Official source — nycourts.gov
- Official source — nycourts.gov
- Official source — nycourts.gov
- The clerk of the NYC Civil Court / City Court / Town & Village Justice Court — can give you the current form and tell you whether your court adds any local paperwork.
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.
Source: nycourts.gov. Confirm with the court before you rely on it.
Who Can File in New York Small Claims
New York limits who may start a case in the small claims part. Section 1809 of the New York City Civil Court Act (and the same section of the Uniform City Court Act and the Uniform Justice Court Act) says that no corporation, other than a municipal corporation, public benefit corporation, school district or school district public library, no partnership or association, and no assignee of a small claim may bring a small claims case. The small claims rules also do not apply to a claim an insurer brings in its own name or in the name of its insured.
- A corporation can still be sued there. The same section lets a corporation appear in the defense of a small claims case through a lawyer or an authorized officer, director or employee.
- In New York City, businesses use the commercial claims part instead. A corporation, partnership or association can bring a claim there for up to the small claims limit (Civil Court Act § 1801-A), but no more than five claims in a calendar month (§ 1809-A), and the filing fee is $25 plus the cost of mailings (§ 1803-A).
Source: nysenate.gov, checked October 7, 2026. Confirm with the court before you rely on it.
How does New York compare? See the small claims limits and filing fees for every state.
New York Small Claims Forms: FAQ
❓ What form do I file to start a small claims case in New York?
You do not file a form yourself in New York: the court clerk prepares the claim with you in person. Bring the defendant’s name and address, the amount and the dates.
❓ How much can you sue for in New York small claims court?
In New York you can claim up to $10,000 in the NYC Civil Court / City Court / Town & Village Justice Court. Different limits apply in some cases: City court outside NYC, or Nassau/Suffolk District Court, $5,000; Town or Village Justice Court, $3,000. If your claim is larger, you can usually reduce it to the limit or file in a higher court instead.
❓ How much does it cost to file small claims in New York?
The filing fee is $15 (≤$1k) / $20 (>$1k); town/village differ. Serving the defendant usually costs extra.
❓ Can you prepare my New York small claim for me?
In New York the clerk prepares the claim form with you in person, so there is no form for anyone to fill in beforehand. We prepare a Statement of Claim that sets out exactly what to tell the clerk, plus a script for the hearing and an evidence checklist.
Ready for the clerk?
A few plain-English questions about your New York case, then review and file. Checking is free; $19 for the completed documents.
Check if your New York claim qualifiesGeneral information, not legal advice. SmallClaimsHelper prepares documents; it is not a law firm.