New York Small Claims Court Filing Checklist

New York Small Claims Court Filing Checklist

Court: [________________________________] (NYC Civil Court / District Court / City Court / Justice Court)
County: [________________________________]
Index/Claim Number: [________________________________]
Claimant: [________________________________]
Defendant: [________________________________]
Date Prepared: [__/__/____]

I. Jurisdictional Limits

NYC Civil Court Small Claims

☐ Maximum: $10,000
☐ Commercial Small Claims: $10,000 (businesses)

Other Courts

☐ District Courts: $5,000
☐ City Courts: $5,000
☐ Justice Courts: $3,000
☐ Verify limits for specific court

II. Who Can Sue

☐ Individual persons
☐ Sole proprietors (in own name)
☐ Partnerships (by partner)
☐ Corporations (designated officer or employee)

III. Filing the Claim

Information Needed

☐ Claimant name and address
☐ Defendant name and address
☐ Nature of claim
☐ Amount claimed
☐ Date of incident/transaction

Filing Methods

☐ In person at clerk's office
☐ Online (in some courts): https://nycourts.gov/courts/nyc/smallclaims

IV. Filing Fee

☐ Filing fee: Approximately $15-$30 (varies by amount)
☐ Fee paid
☐ Fee waiver available for hardship

V. Service

☐ Court sends notice to defendant by mail
☐ If mail fails, may need personal service
☐ Hearing date set by court

VI. Hearing Date

☐ Hearing date: [__/__/____]
☐ Time: [________________________________]
☐ Location: [________________________________]

VII. Preparing for Hearing

Evidence to Bring

☐ Contracts or agreements
☐ Receipts and invoices
☐ Photographs
☐ Letters/correspondence
☐ Estimate for repairs
☐ Witness list

Presentation

☐ Organize chronologically
☐ Practice explaining claim briefly
☐ Bring copies for judge and defendant

VIII. Attorney Representation

☐ Attorneys NOT permitted for individual claimants
☐ Corporation may use attorney in Commercial Claims
☐ Claimant must represent self

IX. Arbitration Option

☐ Some courts offer arbitration
☐ Faster resolution
☐ Decision is binding

X. Judgment

☐ Judge may rule at hearing
☐ Or decision mailed
☐ Judgment entered if claimant wins

XI. Appeal

☐ Defendant may appeal within 30 days
☐ Claimant generally cannot appeal

XII. Collection

☐ If defendant doesn't pay:
☐ Information subpoena
☐ Enforcement proceedings
☐ Income/property execution

Sources and References

• NYC Small Claims: https://www.nycourts.gov/courts/nyc/smallclaims
• NY Courts Self-Help

Prepared by: [________________________________]
Date: [__/__/____]