How do I file a small claims case in New York to recover money owed?
In New York, small claims cases are begun by paying a filing fee and giving basic information to the clerk, who records a short written statement of the claim and notifies the defendant by mail. Different local courts use the same basic procedure: the clerk reduces the information to a form, schedules a hearing, and sends notice to the defendant.
Hearings are handled under simplified, informal rules so cases are decided quickly. Claimants are generally asked to bring receipts, invoices, witnesses, or other documents to support the claim, and defendants can file counterclaims and appear at the hearing to present a defense.
Current New York law
Every answer cites the statute
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The deadline that matters
The clerk must mail notice to the defendant within five days after the action is recorded.
What New York law says
The statutes set out that small claims start when the claimant pays the filing fee and supplies a short statement of the claim, with the clerk recording it and mailing notice by ordinary first class and certified mail, return receipt requested: see New York City Civil Court § 1803, Uniform City Court Act § 1803, and Uniform Justice Court Act § 1803. Courts are required to use informal, simplified procedures for hearings, and certain documents such as itemized bills or paid invoices are admissible as prima facie evidence: see New York City Civil Court § 1804. Court rules add practical steps: the clerk reduces the claimant’s information to a form, gives the claimant the hearing date and memo, and must mail the defendant notice within five days after the action is recorded, with instructions about appearing and producing evidence: see 22 NYCRR 208.41, 22 NYCRR 212.41, and 22 NYCRR 210.41. Local scheduling rules set the hearing timeline, including that some justice courts set hearings between 22 and 45 days from recording: see 22 NYCRR 214.10.
What to do
A common first step is to fill out and submit the court’s small claims form and pay the required filing fee.
A common next step is to gather supporting evidence such as receipts, invoices, photos, and witness contact information for the hearing.
A common step is to keep the filled claim form and the evidence checklist from the in-app tool to bring to the clerk and the hearing.
A common step is to confirm the hearing date and time on the court memorandum the clerk gives you, and check that the clerk mailed notice to the defendant.
A common step is to be prepared to present the claim and any counterclaims at the scheduled hearing under the court’s simplified procedures.
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Common questions
How much does it cost to file a small claim?
Filing fees are set by statute and by court type; statutes provide typical fee amounts and local courts collect the applicable fee when you submit the claim.
Will the defendant get written notice?
Yes, the clerk is required to send notice by ordinary first class mail and certified mail, return receipt requested, after the action is recorded.
How soon is the hearing scheduled?
Rules require the hearing be set as soon as practicable; some justice court rules call for scheduling hearings between 22 and 45 days from the recording of the action.
What evidence is useful at the hearing?
Itemized bills, invoices, receipts, estimates, photographs, account books, and witness statements are commonly used to support or oppose a claim under the court’s informal evidence rules.
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This page provides legal information only and not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
