# New York Small Claims Court (2026): Limits, Fees & How to File

- Link: https://clearlegaltips.com/new-york-small-claims-court/
- Published: 2026-11-06T07:18:19-05:00
- Author: ClearLegalTips

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## Download This Resource

Two free New York worksheets: a step-by-step filing checklist and a hearing and 
collection planner:

[Filing ChecklistCourt, fee, notice](https://clearlegaltips.com/wp-content/uploads/2026/11/ny-small-claims-filing-checklist.pdf)
[Hearing & Collection PlannerEvidence to payment](https://clearlegaltips.com/wp-content/uploads/2026/11/ny-small-claims-hearing-and-collection-planner.pdf)

**The short version (2026):** In New York small claims court, the court you use 
sets your cap. It’s **$10,000** in New York City, **$5,000** in city and district
courts, **$3,000** in town and village courts. Filing runs **$15 or $20**, or **
$10 or $15** in a town or village court. Individuals bring small claims; businesses
bring commercial claims for **$25** plus mailing. An arbitrator’s decision? No appeal.

Maybe a landlord is sitting on your deposit, or a contractor took the money and 
vanished. Small claims puts that fight in front of a judge or arbitrator. Starting
a New York small claims court case costs $10 to $20, depending on the court and 
the size of the claim, and the clerk mails the notice for you. Choosing the right
court is the hard part, because New York has no single statewide limit.

Here is how New York small claims court works in 2026. You’ll see the limit in each
court, the fees, who may sue, how filing and hearings go, how appeals work and what
to do when the loser doesn’t pay. It is general information, not legal advice. We
took every figure from the New York court acts, the CPLR or the state court system,
and checked them in November 2026.

## How Much You Can Claim in New York Small Claims Court

![Card: New York small claims limits by court, $10,000 in New York City, $5,000 
in city and district courts, $3,000 in town and village courts](https://i0.wp.com/
clearlegaltips.com/wp-content/uploads/2026/11/new-york-small-claims-court-01-limit.
jpg?w=1290&ssl=1)

Several local courts hear small claims here, and each has its own court act with
its own dollar limit. The table shows the limit and where the defendant has to be.

  |  Court |  Limit |  Defendant must live, work or have a business office in |  Law |  
   |  New York City Civil Court |  $10,000 |  New York City |  City Civil Court Act §1801 |  
 |  City courts |  $5,000 |  The county |  Uniform City Court Act §1801 |  
 |  District courts (Nassau and western Suffolk) |  $5,000 |  A district of the court in the county |  Uniform District Court Act §1801 |  
 |  Town and village justice courts |  $3,000 |  The town or village where the court sits |  Uniform Justice Court Act §1801 |

Each limit is for money only and is figured **before interest and costs**. You cannot
sue to make someone do something, such as fix or return an item. The state’s guide
says you cannot split a claim into smaller claims to get around the limit, and that
a claim above $5,000 in Nassau or Suffolk has to be a civil case.

![Card: a New York City small claim can also be an action over a Part 137 fee-dispute
award, up to $10,000](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/
11/new-york-small-claims-court-01b-part137.jpg?w=1290&ssl=1)

One quirk: the New York City limit also reaches an action, up to $10,000, by a person
who is unhappy with an award under Part 137 of the court rules. Part 137 covers 
fee disputes with a former lawyer.

The cap belongs to the court, not to you: $10,000, $5,000 or $3,000. Work out which
court covers your defendant first, then pick your number.

## What It Costs to File in New York Small Claims Court

![Card: New York small claims filing fees, $15 up to $1,000 and $20 above in most
courts, $10 and $15 in town and village courts](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/11/new-york-small-claims-court-02-fees.jpg?w=1290&ssl
=1)

The fee depends on two things: which court you use and how big your claim is. These
are the statutory amounts:

  |  What you pay |  NYC, city and district courts |  Town and village courts |  
   |  Small claim of $1,000 or less |  $15 |  $10 |  
 |  Small claim of more than $1,000 |  $20 |  $15 |  
 |  Counterclaim by the defendant |  $5 plus mailing costs |  $3 plus mailing costs |  
 |  Commercial claim (businesses) |  $25 plus mailing costs |  Not covered here |

**Ask your clerk before you file.** Court fee pages can trail the statutes. The 
New York City fee page we read carries a September 2011 effective date, so treat
any posted fee, and especially the mailing and postage part, as something to confirm
with the clerk’s office.

![Card: file New York small claims by mail with a bank check or money order payable
to CLERK, CIVIL COURT](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/
11/new-york-small-claims-court-02b-payment.jpg?w=1290&ssl=1)

In New York City you can pay with cash, a certified check, a money order or a bank
check, but not a personal check. If you file by mail, the New York City filing instructions
say to send a bank check, teller’s check, certified check, attorney’s check or money
order payable to “CLERK, CIVIL COURT.” Personal and company checks are not accepted.

If you cannot afford a required fee, the court says you can file papers asking a
judge to waive it.

## Which Court Should You File In?

![Card: where to file a New York small claims case, the defendant's home or business
or a tenant claim on property in the court's area](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/11/new-york-small-claims-court-03-venue.jpg?w=1290&ssl
=1)

Look at the defendant, not at yourself. In each court the defendant has to live,
have a business office or have a regular job in the area the court covers. A second
route exists for tenants in New York City and in city courts. If you rent from the
defendant and the claim relates to the tenancy, you can file where the rented property
is located, even if the landlord lives elsewhere.

 * **In New York City:** the defendant lives, has a business office or regularly
   works in the city. Or the claim is a tenant claim against the owner, and the 
   property is in the city.
 * **In a city court:** the same test, but the area is the county.
 * **In a district court:** the area is a district of the court within the county.
 * **In a town or village court:** the area is that municipality.

If you live outside New York City and want to sue someone inside it, the court says
you may file your claim by mail. If the defendant has no home, job or business address
in New York City, you cannot use New York City small claims against them.

## Who Can Sue in New York Small Claims Court?

![Card: who can sue in New York small claims court, individuals 18 or older, with
businesses filing commercial claims](https://i0.wp.com/clearlegaltips.com/wp-content/
uploads/2026/11/new-york-small-claims-court-04-who.jpg?w=1290&ssl=1)

The New York City court states it plainly: only an individual can sue in small claims
court. Corporations, partnerships, associations and assignees cannot sue there, 
although they can be sued. An assignee is someone who bought or was handed another
person’s claim. If you are 18 or older you can sue. If you are younger, your parent
or guardian may sue for you.

You also have to be the right person. For example, only the registered owner of 
a car can sue for damage to the car.

![Card: partnerships in New York small claims, the district court text lists corporations
and assignees only, so ask the clerk](https://i0.wp.com/clearlegaltips.com/wp-content/
uploads/2026/11/new-york-small-claims-court-04b-partnerships.jpg?w=1290&ssl=1)

Here is where the court acts differ, and where readers get confused. The City Civil
Court Act and the Uniform City Court Act both bar corporations, partnerships, associations
and assignees. The Uniform Justice Court Act has the same list. The Uniform District
Court Act is worded differently:

  |  Court act |  What §1809 lists as barred from small claims |  
   |  City Civil Court Act (NYC) |  Corporations (with public exceptions), partnerships, associations, assignees |  
 |  Uniform City Court Act |  Corporations (with public exceptions), partnerships, associations, assignees |  
 |  Uniform Justice Court Act |  Corporations (with public exceptions), partnerships, associations, assignees |  
 |  Uniform District Court Act |  Corporations (with public exceptions) and assignees; partnerships and associations are not listed in the text |

So what does that mean if you run a partnership in Nassau County or western Suffolk?
The district court text lists corporations and assignees only. The state’s guide
says that in Nassau District Court and western Suffolk, partnerships can start either
a small claims case or a commercial one. In New York City, partnerships can only
use the commercial part. Ask the clerk which part your business should use.

If you are the one being sued, your side of the courtroom is easier. A corporation
can defend a small claim through an attorney or through an authorized officer, director
or employee. In a New York City case, a judge may also allow a related non-lawyer
to appear for a party when, because of age, mental or physical capacity or other
disability, the judge finds it is in the interests of justice. The representative
may not charge a fee.

## Commercial Claims: How Businesses Collect

![Card: New York commercial claims, $25 fee plus mailing, five claims a month, consumer
demand letter 10 to 180 days before filing](https://i0.wp.com/clearlegaltips.com/
wp-content/uploads/2026/11/new-york-small-claims-court-05-commercial.jpg?w=1290&
ssl=1)

Businesses are not shut out. They use **commercial claims**, a separate part that
has the same money limit as small claims in that court. In New York City it is $
10,000. The commercial claims part exists in the City Civil Court Act, the Uniform
City Court Act and the Uniform District Court Act. We did not find a matching commercial-
claims article in the Uniform Justice Court Act, so a business with a town or village
court case should ask the clerk what is available.

  |   |  Small claim |  Commercial claim |  
   |  Who files |  An individual |  A corporation, partnership or association with its principal office in New York State |  
 |  Fee |  $15 or $20 (NYC) |  $25 plus mailing costs |  
 |  Monthly cap |  No cap in the statutes we read |  No more than five a calendar month |  
 |  Consumer defendant |  No demand-letter rule in the statutes we read |  Demand letter 10 to 180 days before filing |  
 |  Defendant must be in |  The court’s area |  The court’s area |

The five-a-month limit is real. The person who fills out the statement of claim 
has to certify that no more than five such actions, counting this one, have been
started that calendar month. A claim that is not certified can be dismissed.

If the claim comes from a consumer transaction, meaning a deal with an individual
that was mainly for personal, family or household purposes, the business must first
mail a demand letter. It has to go out at least ten days, and no more than 180 days,
before the claim starts. The New York City court says the letter should demand payment
of the outstanding amount, along with a copy of the original debt instrument and
an accounting of all payments received.

## Before You File: A Demand Letter and a Deadline

![Card: before filing a New York small claims case, send a written demand and watch
the deadline](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/11/new-
york-small-claims-court-06-demand.jpg?w=1290&ssl=1)

Put your demand in writing: what you want and by when. It gives you something to
hold up at the hearing. Keep a copy and proof of delivery. Our guide to a [demand letter for payment](https://clearlegaltips.com/demand-letter-for-payment/)
shows what to put in it.

**Need a demand letter?** LawDepot’s payment demand letter is a template tool. It
helps you write and format the letter, but it does not file anything with a court,
and it does not replace advice about your own case.

[Browse LawDepot Templates →](https://clearlegaltips.com/go/lawdepot-payment-demand-letter)

Also check the time limit for your type of claim before you spend a dollar. Our 
[statute of limitations on debt by state](https://clearlegaltips.com/statute-of-limitations-on-debt-by-state/)
guide is a good place to start.

## How to File in New York Small Claims Court, Step by Step

![Card: steps to file in New York small claims court, name the defendant, pay the
fee, clerk mails the notice](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/
2026/11/new-york-small-claims-court-07-steps.jpg?w=1290&ssl=1)

 1. **Pick the court.** Use the table above and the defendant’s address.
 2. **Get the exact legal name and a street address.** The New York City court does
    not accept P.O. boxes for either side. If you sue a business, go to the County 
    Clerk’s office in the county where the business is located, look up its certificate
    of doing business, copy it and bring it. The court warns that with a wrong name,
    collecting your judgment will be impossible.
 3. **Fill out the statement of claim.** In New York City you can complete it at the
    clerk’s office or file it by mail. The court system does not offer electronic filing
    for small claims at this time, although an outside service may fill out your statement
    and file it electronically for you. Use one form per defendant. A form can list
    only one claimant and one defendant.
 4. **Pay the fee.** See the table above.
 5. **Let the clerk send the notice.** The clerk mails it by ordinary first-class mail
    and by certified mail with return receipt requested. The claimant may not serve
    the notice personally, and neither may any other party. If the post office can’t
    deliver it, the clerk gives you a new hearing date and explains how to arrange 
    personal delivery by someone who is 18 or older and not a party to the case.
 6. **Get your date.** The clerk gives you a date for the hearing. For a claim filed
    by mail, the New York City instructions say the hearing is set approximately six
    weeks after the court receives your statement of claim.
 7. **Collect your proof.** Line up the contract, receipts, photos, texts and emails
    by date.
 8. **Watch the service clock.** In New York City your claim will be dismissed if the
    notice cannot be served on the defendant within four months after you filed.

Once the notice goes out, the clock matters on the defendant’s side. Twenty-one 
days after mailing, if the first-class letter hasn’t come back as undeliverable,
the defendant is presumed to have received the notice. A defendant who ignores the
mail doesn’t stop the case.

Before your hearing, line up your proof. Repair and service costs have a shortcut.
A paid or receipted itemized bill, or two itemized estimates, is admissible and 
counts as prima facie evidence of the reasonable value and necessity of the work.

## If You Are the One Being Sued

![Card: if you are sued in New York small claims court, you can file a counterclaim
within five days of the notice or on the hearing day](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/11/new-york-small-claims-court-08-defendant.jpg?w=1290&
ssl=1)

Read the notice. Mark the hearing date. Miss it and you risk a default judgment 
against you. The New York City court has a process for asking to vacate a default
judgment, so act quickly if it happens.

You have rights worth knowing:

 * **A counterclaim.** A defendant who wants to counterclaim files a statement with
   the clerk within five days of receiving the notice of claim, and pays $5 plus
   mailing costs ($3 in justice courts). The New York City court says the counterclaim
   may also be filed on the day of the hearing, and it caps a counterclaim at $10,000.
   A counterclaim has to fit within what the court could hear as a small claim.
 * **A jury trial, in theory.** The person who starts a small claim waives a jury
   trial. A defendant can demand a jury but has to post an undertaking of fifty 
   dollars.
 * **Little discovery.** Disclosure isn’t available in small claims unless the court
   orders it.
 * **A transfer.** The court can move a small claim to another part of the court.

## At the Hearing: Judge or Arbitrator?

![Card: New York small claims hearing, a judge or a volunteer arbitrator, usually
held at 6:30 p.m. in New York City](https://i0.wp.com/clearlegaltips.com/wp-content/
uploads/2026/11/new-york-small-claims-court-09-hearing.jpg?w=1290&ssl=1)

Picture a courtroom at 6:30 p.m. That’s when small claims hearings in New York City
are usually held. Seniors, people with a disability and people who work evenings
can ask for a daytime hearing. You or the person appearing for you must show proof
of age, disability or nighttime employment.

When the case is called, there may be a choice. If both sides consent, a volunteer
arbitrator can decide the dispute, and that arbitrator is an attorney with at least
five years at the New York bar. Otherwise a judge hears it.

![Card: New York small claims witnesses, serve a subpoena at least 5 days before
the hearing](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/11/new-
york-small-claims-court-09b-witnesses.jpg?w=1290&ssl=1)

  |   |  Judge |  Volunteer arbitrator |  
   |  Who decides |  A Civil Court judge |  An attorney admitted at least five years, with both sides’ consent |  
 |  Appeal |  Only on the “substantial justice” ground |  Final and not appealable |

A related arbitration rule in western Suffolk County lets a party ask for a new 
trial within 35 days of the mailing of the award. In New York City, the court’s 
pages say an arbitrator’s decision is final and not appealable.

The hearing is informal. The statute tells the court to do substantial justice under
the rules of substantive law, and it isn’t bound by the usual rules of evidence 
or procedure. You’re the claimant, so you have to prove your claim and your damages.
Lead with the amount. Then walk through how you got it. Expect the judge or arbitrator
to reserve decision and mail it to both sides later. You may leave not knowing who
won.

Witnesses can help. A subpoena requires a person to come to court and testify. You
can’t serve it yourself unless the judge who signs it says so. The court generally
treats service at least five days before the hearing as reasonable. Ask the clerk
how to get one issued.

## Appeals in New York Small Claims Court: The “Substantial Justice” Rule

![Card: appealing a New York small claims judgment, substantial justice ground only,
30 days after service of the judgment with notice of entry](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/11/new-york-small-claims-court-10-appeal.jpg?w=1290&
ssl=1)

Appeals in small claims are narrow on purpose. In a City Civil Court small claim,
either side may appeal on one ground only: that substantial justice has not been
done under the rules and principles of substantive law. And an appeal isn’t a new
trial, so nobody presents new evidence.

  |  Situation |  Appeal? |  
   |  Judge decided the case |  Yes, on the substantial justice ground |  
 |  Arbitrator decided the case |  No. The decision is final and not appealable |  
 |  Settled by agreement or default |  No appeal is possible |  
 |  Western Suffolk arbitration award |  New trial request within 35 days of the mailing of the award |

Now the clock. An appeal as of right must be taken within thirty days after service
of a copy of the judgment with written notice of its entry (CPLR §5513). The City
Civil Court act says the appeal must come no later than the earliest of several 
dates, and one of them is thirty days after receipt in court of a copy of the judgment
by the appealing party. The dates can differ. Count from the earliest one you can
find, and file early.

The appeal reviews the record. The person who appeals orders and pays for the transcript
from the court reporter or transcribing service. Filing an appeal doesn’t stop the
other side from enforcing the judgment.

## Collecting a New York Small Claims Court Judgment

![Card: collecting a New York small claims judgment, information subpoena, income
execution, sheriff or marshal](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/
2026/11/new-york-small-claims-court-11-collect.jpg?w=1290&ssl=1)

Winning a New York small claims court case does not mean a check shows up. The New
York City court tells claimants that collecting is their job, and that it is their
responsibility to find out what the defendant owns. After a judgment, the debtor
gets a notice listing what can happen if the judgment is not paid. The notice also
mentions your right to payment within thirty days of the debtor’s receipt of it.

  |  Tool |  What it does |  Source |  
   |  Information subpoena |  The small claims clerk issues one on request, at nominal cost, to find the debtor’s assets |  City Civil Court Act §1812(d) |  
 |  Restraining notice |  Restrains the debtor from transferring property; effective until one year after it is served, or until the judgment is satisfied or vacated |  CPLR §5222 |  
 |  Income execution |  Takes a share of wages through the sheriff of the county where the debtor lives |  CPLR §5231 |  
 |  Enforcement officer |  A sheriff or marshal authorized to take money or property |  State court guide |  
 |  Treble damages |  A second lawsuit for three times an unpaid judgment, against repeat business debtors |  City Civil Court Act §1812 |

**Wage collection has several limits.** CPLR §5231 sets several limits. An income
execution takes not more than ten percent of the money the debtor receives. Nothing
comes out for a week unless disposable earnings exceed the greater of thirty times
the federal minimum hourly wage or thirty times the state minimum hourly wage. The
weekly amount also can’t exceed 25 percent of disposable earnings, or the amount
by which they exceed that thirty-times figure, whichever is less. No amount at all
can be imposed in judgments from a medical debt action brought by a licensed hospital
or a health care professional.

![Card: New York income execution, not more than ten percent of the money received,
with weekly limits](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/2026/
11/new-york-small-claims-court-11b-income.jpg?w=1290&ssl=1)

The income execution goes to the sheriff of the county where the debtor lives or,
for a non-resident, where the debtor works. In New York City the state’s guide says
an enforcement officer can be a sheriff or a marshal. Marshals work on their own
and are not public employees; sheriffs work for the county. In New York City you
can get a list of marshals from the small claims clerk.

**Treble damages are narrow.** City Civil Court Act §1812 allows a lawsuit for three
times the unpaid judgment, plus reasonable counsel fees, but only when the judgment
arose from the debtor’s trade or business or a repeated course of dealing, and there
are at least two other unsatisfied recorded small claims judgments against that 
debtor. The statute also gives the debtor a defense: that the debtor did not have
resources to satisfy the judgment within thirty days after receipt of notice of 
it.

**Interest.** Judgments earn **nine percent** a year unless another statute sets
a different rate. The rate drops to two percent in an action arising out of a _consumer
debt_ where a natural person is a defendant. CPLR §5004 defines consumer debt as
an obligation of a natural person to pay money from a transaction mainly for personal,
family or household purposes. Whether your claim fits depends on the transaction,
so don’t assume the lower rate applies to yours.

A money judgment is presumed paid after twenty years (CPLR §211(b)). For more collection
ideas, see how to [collect money owed](https://clearlegaltips.com/how-to-collect-money-owed/).

## Security Deposits and Other Common Cases

![Card: common New York small claims cases, security deposits, contractors, loans
and consumer purchases](https://i0.wp.com/clearlegaltips.com/wp-content/uploads/
2026/11/new-york-small-claims-court-12-cases.jpg?w=1290&ssl=1)

Security deposits are the classic New York small claims dispute. General Obligations
Law §7-108 gives a landlord fourteen days after the tenant moves out to send an 
itemized statement of anything kept and return the rest. Miss that deadline and 
the landlord forfeits the right to keep any part of the deposit. A willful violation
can mean punitive damages of up to twice the deposit. A deposit cannot be more than
one month’s rent. The cap is the same for rent-stabilized apartments under §7-107(
2). Our [security deposit demand letter](https://clearlegaltips.com/security-deposit-demand-letter-template-get-deposit-back-2026/)
is a good first step.

Other cases work the same way. You need a paper trail and a specific dollar figure.

 * **Contractor disputes.** Bring the contract, proof of payment, photos, and itemized
   estimates to finish or repair the work.
 * **Unpaid loans.** Written proof helps, such as a [promissory note](https://clearlegaltips.com/promissory-note-template-secured-and-unsecured/),
   texts or bank transfers.
 * **Consumer purchases.** Bring the receipt and any messages where the seller refuses
   a refund for a defective item.

## Every Deadline in New York Small Claims Court, in One Table

![Card: New York small claims deadlines, 5 days for a counterclaim, 21 days mail
presumption, 4 months to serve, 30 days to appeal](https://i0.wp.com/clearlegaltips.
com/wp-content/uploads/2026/11/new-york-small-claims-court-13-deadlines.jpg?w=1290&
ssl=1)

  |  Deadline |  Time |  Applies to |  
   |  Consumer demand letter before a commercial claim |  10 to 180 days before filing |  Business claimant, consumer defendant |  
 |  Service of the notice of claim |  Within 4 months after filing, or dismissal |  New York City |  
 |  Presumed receipt of the mailed notice |  21 days |  Court acts, first-class mailing |  
 |  Counterclaim |  5 days after receiving the notice, or on hearing day in NYC |  Defendant |  
 |  Appeal |  30 days after service of the judgment with notice of entry, or earlier (see text) |  Judge’s judgment |  
 |  Security deposit statement and refund |  14 days after the tenant moves out |  Landlord, GOL §7-108 |

## How New York Small Claims Compares With Other States

![Card: how New York small claims compares, $10,000 in NYC against $25,000 in Tennessee
and Delaware and $2,500 in Kentucky](https://i0.wp.com/clearlegaltips.com/wp-content/
uploads/2026/11/new-york-small-claims-court-14-compare.jpg?w=1290&ssl=1)

In New York small claims court, the New York City cap of $10,000 lands mid-pack,
and the state’s other courts sit well below it. Our table covers 50 states and DC.
Leaving New York out, 12 are above $10,000, 23 below and 15 exactly at $10,000. 
Tennessee and Delaware lead at $25,000. The lowest is Kentucky at $2,500.

  |  State |  Small claims limit |  Filing fee |  
   |  New York (NYC Civil Court) |  $10,000 |  $15 or $20 |  
 |  [California](https://clearlegaltips.com/california-small-claims-court/) |  $12,500 for individuals |  $30 to $100 |  
 |  [Texas](https://clearlegaltips.com/texas-small-claims-court/) |  $20,000 |  $54 in Bexar County, plus service |  
 |  Washington |  $10,000 for individuals |  $35 or $50 |  
 |  New Jersey |  $5,000 |  $35 for one defendant |

New York’s fees are lower than the others in this table. See every state on one 
page in our [small claims court limits and fees by state](https://clearlegaltips.com/small-claims-court-filing-limits-and-fees/)
table.

Lawmakers have not stood still. Several bills that would change small claims limits,
venue or procedure have been introduced; none had been enacted when we last checked,
on November 5, 2026. Before you file, check the court’s own page.

## Frequently Asked Questions

### What’s the most I can sue for in New York small claims court?

That depends on the court you use. New York City Civil Court allows $10,000, city
and district courts $5,000, and town and village courts $3,000. The limit covers
money only, before interest and costs.

### What does it cost to file a small claim in New York?

Expect $15 for a claim of $1,000 or less and $20 for a larger one in New York City,
city courts and district courts. A town or village court costs $10 and $15. Confirm
today’s amount and the mailing cost with the clerk.

### Can a business or partnership sue in New York small claims court?

Not in a small claims case in New York City. Corporations, partnerships and associations
use the commercial claims part instead, for $25 plus mailing, with no more than 
five claims a calendar month. An assignee of a commercial claim may file there too,
but a collection business may not buy claims in order to sue on them. The Nassau
and western Suffolk district courts may treat partnerships differently, so ask the
clerk.

### Should I choose a judge or an arbitrator?

An arbitrator is a volunteer attorney who hears the case with both sides’ consent.
The decision is final and cannot be appealed. A judge’s decision can be appealed,
but only on the ground that substantial justice was not done.

### Can I appeal a New York small claims decision?

Only if a judge decided it, and only on the substantial justice ground. The appeal
must be taken within thirty days after service of the judgment with notice of entry.
An appeal does not stop the other side from enforcing the judgment.

### What interest does a New York small claims judgment earn?

Nine percent a year in most cases. In an action arising out of a consumer debt where
a natural person is the defendant, the rate is two percent. CPLR §5004 defines consumer
debt.

### When must a New York landlord return a security deposit?

Fourteen days after the tenant moves out, under General Obligations Law §7-108. 
By then the landlord must send an itemized statement of anything kept and return
the rest. Miss the deadline and the landlord forfeits the right to keep any part.

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### Related Articles

 * [Small Claims Court Limits & Fees by State (2026)](https://clearlegaltips.com/small-claims-court-filing-limits-and-fees/)
 * [California Small Claims Court (2026)](https://clearlegaltips.com/california-small-claims-court/)
 * [Texas Small Claims Court (2026)](https://clearlegaltips.com/texas-small-claims-court/)
 * [Florida Small Claims Court (2026)](https://clearlegaltips.com/florida-small-claims-court/)
 * [Demand Letter for Payment](https://clearlegaltips.com/demand-letter-for-payment/)
 * [How to Collect Money Owed](https://clearlegaltips.com/how-to-collect-money-owed/)

### Sources & References

 * [City Civil Court Act §1801 (small claims defined, $10,000)](https://www.nysenate.gov/legislation/laws/CCA/1801)
 * [City Civil Court Act §1803 (fees, notice, counterclaim)](https://www.nysenate.gov/legislation/laws/CCA/1803)
 * [City Civil Court Act §1803-A (commercial claims)](https://www.nysenate.gov/legislation/laws/CCA/1803-A)
 * [City Civil Court Act §1804 (hearings, evidence)](https://www.nysenate.gov/legislation/laws/CCA/1804)
 * [City Civil Court Act §1809-A (commercial claims: who may sue)](https://www.nysenate.gov/legislation/laws/CCA/1809-A)
 * [City Civil Court Act §1811 (judgment notice, appeal time)](https://www.nysenate.gov/legislation/laws/CCA/1811)
 * [Uniform City Court Act §1803 (fees, counterclaim)](https://www.nysenate.gov/legislation/laws/UCT/1803)
 * [Uniform City Court Act §1803-A (commercial claims fee)](https://www.nysenate.gov/legislation/laws/UCT/1803-A)
 * [Uniform City Court Act §1809 (who may sue)](https://www.nysenate.gov/legislation/laws/UCT/1809)
 * [Uniform District Court Act §1803 (fees, counterclaim)](https://www.nysenate.gov/legislation/laws/UDC/1803)
 * [Uniform District Court Act §1803-A (commercial claims fee)](https://www.nysenate.gov/legislation/laws/UDC/1803-A)
 * [Uniform Justice Court Act §1809 (who may sue)](https://www.nysenate.gov/legislation/laws/UJC/1809)
 * [City Civil Court Act §1809 (who may sue)](https://www.nysenate.gov/legislation/laws/CCA/1809)
 * [City Civil Court Act §1807 (substantial justice review)](https://www.nysenate.gov/legislation/laws/CCA/1807)
 * [City Civil Court Act §1812 (treble damages, information subpoenas)](https://www.nysenate.gov/legislation/laws/CCA/1812)
 * [Uniform City Court Act §1801 ($5,000)](https://www.nysenate.gov/legislation/laws/UCT/1801)
 * [Uniform District Court Act §1801 ($5,000)](https://www.nysenate.gov/legislation/laws/UDC/1801)
 * [Uniform District Court Act §1809 (who may sue)](https://www.nysenate.gov/legislation/laws/UDC/1809)
 * [Uniform Justice Court Act §1801 ($3,000)](https://www.nysenate.gov/legislation/laws/UJC/1801)
 * [Uniform Justice Court Act §1803 ($10/$15 fee, counterclaim)](https://www.nysenate.gov/legislation/laws/UJC/1803)
 * [CPLR §5004 (judgment interest, consumer debt)](https://www.nysenate.gov/legislation/laws/CVP/5004)
 * [CPLR §5231 (income execution)](https://www.nysenate.gov/legislation/laws/CVP/5231)
 * [CPLR §211 (judgment presumed paid after 20 years)](https://www.nysenate.gov/legislation/laws/CVP/211)
 * [CPLR §5222 (restraining notice)](https://www.nysenate.gov/legislation/laws/CVP/5222)
 * [CPLR §5513 (time to appeal)](https://www.nysenate.gov/legislation/laws/CVP/5513)
 * [General Obligations Law §7-107 (rent-stabilized deposits)](https://www.nysenate.gov/legislation/laws/GOB/7-107)
 * [General Obligations Law §7-108 (security deposits)](https://www.nysenate.gov/legislation/laws/GOB/7-108)
 * [NY Courts: starting a small claims case in NYC](https://www.nycourts.gov/new-york-city-small-claims-court/starting-case-nyc-small-claims-court)
 * [NY Courts: NYC Civil Court appeals](https://www.nycourts.gov/new-york-city-civil-court/nyc-civil-court-appeals)
 * [NY Courts: small claims arbitration](https://www.nycourts.gov/new-york-city-small-claims-court/nyc-small-claims-court-arbitrator-volunteers)
 * [NY Courts: guide to small claims in NYC, Nassau and Suffolk (PDF)](https://webfiles.nycourts.gov/public/2026-08/smallclaims.pdf)

_Fact-checked: November 2026_

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is not a law firm and does not provide legal representation. Laws vary by state 
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