Small Claims Petition - New York

SMALL CLAIMS PETITION

STATE OF NEW YORK — SMALL CLAIMS PART

FILING INSTRUCTIONS AND OVERVIEW

Courts Handling Small Claims in New York:
| Court | Jurisdiction | Maximum Claim |
|---|---|---|
| NYC Civil Court — Small Claims Part | Five boroughs (Manhattan, Bronx, Brooklyn, Queens, Staten Island) | $10,000 |
| City Courts (outside NYC) — Small Claims Part | Cities with City Courts (Buffalo, Rochester, Syracuse, Albany, etc.) | $5,000 |
| District Courts (Nassau, Suffolk) — Small Claims Part | Nassau and western Suffolk County | $5,000 |
| Town and Village Justice Courts — Small Claims Part | Towns and villages statewide | $3,000 |

Governing Law: CCA §§ 1801-1814 (NYC); UCCA, UDCA, UJCA § 1801 et seq. (rest of state)
Attorney Representation: Permitted but not required (note: Commercial Small Claims Part requires business entities to appear; individuals may have attorneys)
Appeals: Only the Defendant can appeal a judgment in Small Claims Part (the claimant cannot appeal)

KEY NEW YORK DISTINCTIONS:
- Claimant (Plaintiff) cannot appeal — if you lose, the decision is final (CCA § 1807)
- Arbitrator vs. Judge — many cases are heard by an arbitrator (attorney volunteer); arbitrator decisions are NOT appealable; choose "judge" if you want the right to appeal (applies to defendants)
- Commercial Small Claims Part — available for businesses with 5 or fewer employees (separate procedures)
- NYC procedures differ from rest of state — different courts, limits, and forms

PART I — COURT IDENTIFICATION AND CAPTION

Select the appropriate court (check one):

☐ NYC Civil Court — Small Claims Part
County: ☐ New York (Manhattan) ☐ Bronx ☐ Kings (Brooklyn) ☐ Queens ☐ Richmond (Staten Island)

☐ City Court — Small Claims Part
City of: [________________________________]

☐ District Court — Small Claims Part
District: [________________________________]

☐ Town/Village Justice Court — Small Claims Part
Town/Village of: [________________________________], County of [________________________________]

SMALL CLAIMS PART

Note: In New York small claims court, the Plaintiff is called the "Claimant" and the Plaintiff files a "Statement of Claim" (not a "complaint").

CLAIMANT INFORMATION

If Claimant is a business (Commercial Small Claims):
| Field | Information |
|---|---|
| Business Name: | [________________________________] |
| Business Address: | [________________________________] |
| Type of Business: | ☐ Corporation ☐ LLC ☐ Partnership ☐ Sole Proprietorship |
| Number of Employees: | [____] (must be 5 or fewer for Commercial Small Claims) |
| Person Authorized to Appear: | [________________________________] |

DEFENDANT INFORMATION

Defendant #1:

Defendant #2 (if applicable):

Suing a Business: Use the exact legal name of the business. Check with the NY Department of State Division of Corporations: https://www.dos.ny.gov/corps/

AMOUNT CLAIMED: $[________________________________]

PART II — JURISDICTIONAL STATEMENT

1. This Court has jurisdiction over this claim because the amount sought does not exceed the applicable jurisdictional limit:
   ☐ $10,000 (NYC Civil Court Small Claims Part)
   ☐ $5,000 (City Court or District Court Small Claims Part)
   ☐ $3,000 (Town or Village Justice Court Small Claims Part)

2. The Claimant seeks only monetary damages — small claims court can only award money judgments (no injunctive relief, specific performance, or equitable relief).

3. The Claimant is an individual or entity with the capacity to bring this claim.

4. The Defendant is subject to the jurisdiction of this Court.

5. The total amount claimed is $[________________________________], which is within the jurisdictional limit.

6. This claim has not been split into multiple claims to meet the jurisdictional limit (claim-splitting is prohibited).

PART III — VENUE

Venue is proper in this court because (check all that apply):

For NYC Civil Court:
☐ The Defendant resides in this county within New York City
☐ The Defendant has a place of employment in this county within New York City
☐ The Defendant has a principal office in this county within New York City

For City Courts (outside NYC):
☐ The Defendant resides within the city
☐ The Defendant is employed within the city
☐ The Defendant has a business office within the city

For Town/Village Justice Courts:
☐ The Defendant resides within the town or village
☐ The cause of action arose within the town or village

For all courts:
☐ The cause of action arose in this jurisdiction

Specific venue basis: [________________________________]

PART IV — NATURE OF CLAIM

Select the type(s) of claim (check all that apply):

☐ Breach of Contract — Defendant failed to perform obligations under a written or oral agreement
☐ Defective Goods — Goods purchased were defective, not as described, or unmerchantable
☐ Defective Services — Services provided were substandard, incomplete, or not as agreed
☐ Security Deposit Dispute — Landlord failed to return security deposit or wrongfully withheld deductions (N.Y. Gen. Oblig. Law § 7-108)
☐ Property Damage — Defendant caused damage to Claimant's personal property
☐ Auto Repair Dispute — Vehicle repair was defective, unauthorized, or overcharged (N.Y. Veh. & Traf. Law § 398-e)
☐ Home Improvement Dispute — Contractor failed to perform or performed defectively (N.Y. Gen. Bus. Law Art. 36-A)
☐ Consumer Fraud / Deceptive Practices — Defendant engaged in deceptive acts or practices (N.Y. Gen. Bus. Law § 349)
☐ False Advertising — Defendant made false or misleading advertising claims (N.Y. Gen. Bus. Law § 350)
☐ Debt Collection Violation — Defendant violated FDCPA (15 U.S.C. § 1692 et seq.) or N.Y. Gen. Bus. Law § 601 et seq.
☐ Unpaid Wages — Employer failed to pay wages owed (N.Y. Lab. Law § 191 et seq.)
☐ Return of Personal Property — Defendant wrongfully retains Claimant's personal property
☐ Bad Check — Defendant issued a check that was dishonored
☐ Damage from Construction / Renovation — Property damage caused by neighboring construction
☐ Refund Owed — Defendant owes a refund for goods/services not provided
☐ Other: [________________________________]

PART V — STATEMENT OF FACTS

Instructions: Describe what happened in clear, simple terms. New York small claims courts are informal — the judge or arbitrator wants to understand the facts quickly. Be specific about dates, amounts, and parties.

A. Background and Relationship Between the Parties

On or about [__/__/____], the Claimant and Defendant entered into the following relationship or transaction:

[________________________________]
[________________________________]
[________________________________]

B. Detailed Description of Events

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

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

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

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

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

C. Defendant's Breach or Wrongful Conduct

The Defendant failed to fulfill obligations and/or engaged in wrongful conduct by:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]

D. Harm Suffered by Claimant

As a direct result of Defendant's conduct, Claimant suffered the following harm:

1. [________________________________]
2. [________________________________]
3. [________________________________]

PART VI — DAMAGES CALCULATION

A. Itemized Damages

LIMIT CHECK: Verify that your total claim does not exceed the applicable jurisdictional limit ($10,000 / $5,000 / $3,000). If your damages exceed the limit, you may (a) waive the excess and claim the maximum, or (b) file in a higher court. You cannot split a claim into multiple actions.

B. Statutory Damages Available (New York-Specific)

C. Interest

New York statutory pre-judgment interest rate: 9% per annum (CPLR § 5004).

Interest accrues from:
☐ The date of breach: [__/__/____]
☐ The earliest ascertainable date damages were incurred
☐ Other: [________________________________]

PART VII — RELIEF REQUESTED

WHEREFORE, Claimant respectfully requests that this Court enter judgment in Claimant's favor and against Defendant as follows:

1. Actual damages in the amount of $[________________________________]
2. Statutory damages in the amount of $[________________________________] (if applicable)
3. Pre-judgment interest at 9% per annum from [__/__/____] (CPLR § 5004)
4. Court costs, including filing fees ($[____])
5. Post-judgment interest at 9% per annum (CPLR § 5003)
6. Such other and further relief as this Court deems just

Note: New York small claims court generally does not award attorney's fees unless a specific statute provides for them (e.g., Gen. Bus. Law § 349). Attorney's fees are not part of the jurisdictional limit calculation.

PART VIII — PRIOR DEMAND AND RESOLUTION ATTEMPTS

A. Demand History

☐ Written demand letter sent to Defendant on [__/__/____] via:
☐ Certified mail, return receipt requested
☐ Regular first-class mail
☐ Email to: [________________________________]
☐ Hand delivery

☐ Demand amount: $[________________________________]
☐ Response deadline given: [__/__/____]

☐ Defendant's response:
☐ No response received
☐ Defendant refused to pay
☐ Defendant disputed the claim — reason: [________________________________]
☐ Defendant offered partial payment of $[____] which was ☐ accepted ☐ rejected
☐ Other: [________________________________]

B. Other Resolution Attempts

☐ Telephone conversation(s) with Defendant on [__/__/____]
☐ In-person meeting on [__/__/____]
☐ Mediation attempted on [__/__/____] — result: [________________________________]
☐ Complaint filed with NY Attorney General Consumer Frauds Bureau on [__/__/____]
☐ Complaint filed with NYC Department of Consumer and Worker Protection on [__/__/____]
☐ Complaint filed with BBB on [__/__/____]
☐ Other: [________________________________]

PART IX — EVIDENCE CHECKLIST

Contracts and Agreements

☐ Written contract(s) or agreement(s)
☐ Purchase orders, invoices, or receipts
☐ Warranty or guarantee documents
☐ Lease or rental agreement
☐ Work orders or service agreements
☐ Estimates, bids, or proposals

Communications

☐ Demand letter(s) and proof of mailing/delivery
☐ Email correspondence (printed with headers)
☐ Text messages (printed with dates and phone numbers)
☐ Letters or written communications
☐ Notes of telephone conversations

Financial Records

☐ Bank statements showing payments
☐ Canceled checks (front and back)
☐ Credit/debit card statements
☐ Venmo/PayPal/Zelle records
☐ Repair estimates from multiple sources
☐ Receipts for replacement goods/services

Photographs and Physical Evidence

☐ Photographs of damaged property (dated)
☐ Photographs of defective goods
☐ Before/after photographs
☐ Video recordings (bring device to show at hearing)
☐ Physical evidence (damaged items)

Third-Party Documentation

☐ Expert opinions or appraisals
☐ Inspection reports
☐ Police reports
☐ Government agency complaints (AG, DCA, DCWP)
☐ Department of State business entity search results
☐ Home improvement contractor license verification (NYC: DCA; rest of state: varies by locality)

Witness Information

☐ Witness #1: [________________________________] — Testimony: [________________________________]
☐ Witness #2: [________________________________] — Testimony: [________________________________]
☐ Witness #3: [________________________________] — Testimony: [________________________________]

Timeline

☐ Prepared chronological summary of all key events

PART X — FILING INSTRUCTIONS — NEW YORK SMALL CLAIMS COURT

Step 1: Determine the Correct Court

Use the court jurisdictional table in the Overview section above. The key question is where the Defendant resides, is employed, or has a business office.

Finding Your Court:

• NYC Civil Court: https://www.nycourts.gov/courts/nyc/smallclaims/
• City Courts: https://www.nycourts.gov/courts/
• Town/Village Justice Courts: Contact the Town or Village Clerk

Step 2: Filing the Claim

NYC Civil Court — Small Claims Part:

• File in person at the Small Claims Clerk's office OR online
• The Clerk helps you fill out the Statement of Claim form
• Provide the Defendant's name and address for service
• The court handles service by mail (see Part XI)
• Hearing date assigned at filing (typically 30-60 days out)

City Courts / District Courts:

• File in person at the Clerk's office
• Procedures vary by city — call ahead
• Some City Courts offer online filing

Town/Village Justice Courts:

• File with the Town or Village Clerk
• Must file in person in most cases
• Hearings scheduled monthly in many courts (may be evening sessions)

Step 3: Filing Fees

• Commercial Small Claims: Filing fee is $25 for any amount (NYC)
• Pay by cash, money order, or check payable to the Clerk of Court
• If you cannot afford the fee, request a fee waiver using form CIV-GP-32 (Poor Person Relief)

Step 4: Important Filing Notes

• Bring a valid photo ID when filing
• Know the Defendant's correct name and address — the court needs this for service
• For businesses, have the exact legal name and address of the business

PART XI — SERVICE OF PROCESS

How Service Works in New York Small Claims Court

IMPORTANT: In New York small claims court, the court handles service — the Claimant does NOT need to arrange service personally. This is different from many other states.

NYC Civil Court — Small Claims Part:

• The Clerk sends the notice of claim to the Defendant by ordinary first-class mail AND certified mail, return receipt requested
• The hearing notice is sent at least 30 days before the hearing date
• If the certified mail is returned unclaimed, the ordinary mail is presumed delivered (under the "nail and mail" presumption)

City Courts / District Courts:

• Similar to NYC — the Clerk handles service by mail
• Some courts may also offer service by constable or sheriff

Town/Village Justice Courts:

• Service may be by certified mail or by a constable or town officer
• Procedures vary — check with the specific court

If Service Fails

• If the Defendant cannot be served by mail, the Claimant may need to arrange personal service through a process server (at least 18 years old, not a party)
• In NYC, request assistance from the Clerk's office
• File proof of service with the court before the hearing

Service on Business Entities

PART XII — HEARING PREPARATION GUIDE

The Arbitrator vs. Judge Decision

CRITICAL CHOICE: In most New York small claims courts, cases are heard by a volunteer arbitrator (a practicing attorney) rather than a judge. You may have the option to request that the case be heard by a judge instead.

Key Differences:

Advice: If you are the Claimant, there is generally no difference since you cannot appeal regardless. If you are the Defendant, request a judge to preserve your appeal rights.

Before the Hearing

1. Organize Your Evidence: Arrange all documents chronologically. Make three sets: one for the judge/arbitrator, one for the Defendant, and one for yourself.

2. Prepare a Brief Written Summary: Write a 1-2 page summary of your case. Include key dates, amounts, and the legal basis for your claim.

3. Small Claims Advisory Service: NYC Civil Court and some other courts offer a help center where staff can help you prepare. NYC Small Claims Help: (646) 386-5700.

4. Confirm Witnesses: Ensure all witnesses are available. To compel a witness, request a subpoena from the Clerk before the hearing date.

At the Hearing

1. Arrive 30 Minutes Early. Sign in with the Clerk. You will be called when your case is ready.

2. Evening Sessions: Many New York small claims courts hold hearings in the evening (typically 6:30 PM). Check your hearing notice for the scheduled time.

3. Settlement Opportunities: The court may offer mediation or settlement discussions before the hearing. Many cases settle at this stage.

4. Presentation:
   - The Claimant presents first — state your case clearly and concisely
   - Show your evidence — hand copies to the judge/arbitrator and Defendant
   - The Defendant responds and presents evidence
   - Both sides may ask questions
   - The judge/arbitrator may ask questions

5. Key Tips:
   - Be respectful — address the judge as "Your Honor" (or the arbitrator as "Arbitrator" or by name)
   - Be concise — 5-10 minutes per side is typical
   - Focus on the facts, not emotions
   - Bring originals of all documents
   - Do not interrupt the Defendant
   - Be truthful — credibility matters

6. Interpreters: If you need an interpreter, contact the court at least 1 week before the hearing. Many courts provide free interpreter services.

PART XIII — POST-JUDGMENT PROCEDURES

The Decision

• The judge or arbitrator may announce the decision at the hearing OR mail it later
• Decisions are typically mailed within 5 business days
• The decision includes the amount awarded (if any) and the reasons for the decision

Appeal Rights — Key New York Rule

IMPORTANT: If you are the Claimant and you lose, the judgment is final. There is no appeal. Your only option is to start a new action in a higher court if the claim was not decided on the merits (e.g., dismissed without prejudice).

If the Defendant Appeals

• File a Notice of Appeal within 30 days of receiving the decision
• NYC: Appeal to the Appellate Term of the Supreme Court
• Outside NYC: Appeal to the County Court or Appellate Term, depending on the court
• Standard of review: Whether "substantial justice" was done according to the rules and procedures of the small claims part
• No new trial — the appellate court reviews the record
• Filing fee: approximately $30-$65

If You Win (Judgment in Claimant's Favor)

Collecting the Judgment:

1. Voluntary Payment — Request payment from the Defendant. The Defendant should pay within 30 days of receiving notice of the judgment.

2. Enforcement Letter: Send a letter to the Defendant demanding payment and stating that failure to pay will result in enforcement proceedings.

3. If Defendant Does Not Pay:
   ☐ Execution Against Personal Property — Request a Marshal (NYC) or Sheriff (outside NYC) to levy on the Defendant's personal property, bank accounts, or other assets (CPLR Art. 52)
   ☐ Income Execution (Wage Garnishment) — File an income execution to garnish the Defendant's wages (CPLR § 5231) — limited to 10% of gross income (CPLR § 5231(b))
   ☐ Bank Account Restraining Notice — Serve a restraining notice on the Defendant's bank to freeze funds (CPLR § 5222)
   ☐ Property Execution — Direct the Sheriff/Marshal to seize and sell the Defendant's non-exempt property
   ☐ Judgment Lien on Real Property — File a transcript of judgment with the County Clerk to create a lien on the Defendant's real property (CPLR § 5203)
   ☐ Information Subpoena — Serve the Defendant with an information subpoena requiring disclosure of assets (CPLR § 5224)

4. NYC-Specific Enforcement:
   - NYC Marshals are the primary enforcement officers in the five boroughs
   - List of NYC Marshals: https://www.nyc.gov/site/doi/offices/marshals-bureau.page
   - Marshal's poundage fee: 5% of the amount collected

5. Judgment Duration:
   - New York judgments are enforceable for 20 years (CPLR § 211(b))
   - Post-judgment interest: 9% per annum (CPLR § 5003)

PART XIV — PRACTICE TIPS FOR NEW YORK SMALL CLAIMS COURT

New York-Specific Considerations

1. Claimant Cannot Appeal (CCA § 1807): This is the single most important rule to understand. If you lose as the Claimant, the decision is final. Make sure your case is strong and well-prepared before filing.

2. Arbitrator vs. Judge: Most small claims cases in NYC are heard by volunteer attorney-arbitrators. Their decisions are final and not appealable by either party. If you are a Defendant and want to preserve appeal rights, request a judge at the start of the hearing.

3. Commercial Small Claims Part: If you are a business with 5 or fewer employees, you may file in the Commercial Small Claims Part instead of the regular Small Claims Part. The filing fee is higher ($25 in NYC) but the process is similar. Businesses with more than 5 employees may not use small claims court.

4. Evening Sessions: Many NYC Small Claims courts hold hearings at 6:30 PM on weekday evenings. This is designed to accommodate working people. Town/Village Justice Courts may also hold evening sessions.

5. Security Deposit Claims (N.Y. Gen. Oblig. Law § 7-108):
   - Landlord must return deposit within 14 days after tenant vacates
   - Landlord must provide itemized statement of deductions
   - Must deposit in a bank account (for buildings with 6+ units)
   - Tenant may recover deposit plus reasonable attorney's fees
   - NYC: Housing Stability and Tenant Protection Act of 2019 provides additional protections

6. Consumer Protection (Gen. Bus. Law § 349):
   - Covers deceptive acts or practices in the conduct of any business, trade, or commerce
   - Minimum damages of $50, plus treble damages up to $1,000
   - Attorney's fees recoverable
   - No need to prove reliance (only that the practice was misleading)
   - Very powerful statute — broadly interpreted by New York courts

7. Home Improvement Claims (Gen. Bus. Law Art. 36-A):
   - Home improvement contractors must be licensed in NYC and some other localities
   - Written contract required for work over $500 (NYC: $1,000)
   - Consumer right to cancel within 3 business days
   - Verify NYC contractor license: https://www.nyc.gov/site/dca/

8. Auto Repair Claims (Veh. & Traf. Law § 398-e):
   - Written estimate required before work begins
   - Shop cannot exceed estimate without authorization
   - Customer entitled to return of replaced parts (upon request)
   - Willful violations: treble damages

9. Statute of Limitations:
   | Claim Type | Limitation Period |
   |---|---|
   | Written contract | 6 years (CPLR § 213(2)) |
   | Oral contract | 6 years (CPLR § 213(2)) |
   | Personal property damage | 3 years (CPLR § 214(4)) |
   | Fraud | 6 years from commission or 2 years from discovery (CPLR § 213(8)) |
   | Consumer protection (GBL § 349) | 3 years (CPLR § 214(2)) |
   | Unpaid wages | 6 years (CPLR § 213; Lab. Law § 198(3)) |

10. Counterclaims: The Defendant may file a counterclaim. If the counterclaim exceeds the jurisdictional limit, the entire case may be transferred to a higher court. If the Defendant's counterclaim is within the limit, it is heard at the same hearing.

11. Default Judgment: If the Defendant fails to appear after proper service, the court will enter a default judgment if the Claimant proves a valid claim and damages. The Defendant may later move to vacate the default (CCA § 1808; CPLR § 5015).

12. Inquest: If the Defendant defaults, the Claimant must still testify briefly in an "inquest" to prove the claim and damages. Bring all evidence to the hearing even if you expect a default.

13. NYC-Specific Resources:
    - NYC Small Claims Help Center: (646) 386-5700
    - NYPIRG Small Claims Court Action Center (free assistance): https://www.nypirg.org/sccac/
    - NYC Bar Association — Pro Bono Small Claims Advisory Project

VERIFICATION AND SIGNATURE

I, the undersigned Claimant, state that the foregoing claim is true and correct to the best of my knowledge.

CERTIFICATE OF SERVICE

Note: In most New York small claims courts, the court handles service by mail. This certificate is for cases where the Claimant arranges personal service.

I certify that a copy of this Statement of Claim was served on the Defendant by:

☐ Court Clerk by ordinary and certified mail on [__/__/____]
☐ Personal service by [________________________________] on [__/__/____]
☐ Other authorized method: [________________________________]

SOURCES AND REFERENCES

1. N.Y. City Civ. Ct. Act (CCA) §§ 1801-1814 — NYC Small Claims Part
2. N.Y. Uniform City Court Act (UCCA) § 1801 et seq. — City Courts Small Claims
3. N.Y. Uniform Justice Court Act (UJCA) § 1801 et seq. — Town/Village Courts Small Claims
4. 22 NYCRR Part 208 — Uniform Civil Rules for Small Claims
5. NYC Civil Court — Small Claims — https://www.nycourts.gov/courts/nyc/smallclaims/
6. NYC Civil Court — Filing Fees — https://ww2.nycourts.gov/courts/nyc/smallclaims/fees.shtml
7. NYC Civil Court — Appeals — https://ww2.nycourts.gov/courts/nyc/smallclaims/appeals.shtml
8. NYPIRG Small Claims Court Action Center — https://www.nypirg.org/sccac/
9. NYS Unified Court System — Guide to Small Claims — https://www.bedfordny.gov/DocumentCenter/View/313/
10. N.Y. Gen. Oblig. Law § 7-108 — Security deposits
11. N.Y. Gen. Bus. Law § 349 — Deceptive acts and practices
12. N.Y. Gen. Bus. Law Art. 36-A — Home improvement contracts
13. N.Y. Veh. & Traf. Law § 398-e — Auto repair regulations
14. CPLR § 5004 — Pre-judgment interest rate (9%)
15. CPLR Art. 52 — Enforcement of money judgments
16. NY Department of State — Division of Corporations — https://www.dos.ny.gov/corps/

This template is provided for informational purposes only and does not constitute legal advice. New York small claims courts use their own forms for filing — you will complete the Statement of Claim form at the Clerk's office or online. This template serves as a comprehensive preparation guide. Consult a qualified attorney licensed in New York for advice specific to your situation. Remember: if you are the Claimant, you cannot appeal a loss. Laws and court rules may change; verify all citations and procedures before filing.