Prepare your documents for Small Claims in New York

This website helps prepare the forms required for Small Claims in New York.

Start

HOW IT WORKS

1. Take Screening

Start with an online screening tool to help you determine which eviction-related legal option best fits your situation.

2. Prepare Documents

Instead of looking at the forms themselves, our system will help you complete your filing documents by having you answer all of the necessary information by topic. We will ask you questions in plain and non-legal language. To make this process as simple as possible, our system will then generate your response anywhere it is needed on the forms.

3. Consult Advocate (Optional)

You can consult a housing advocate to get guidance on eviction-related matters. If you’re facing eviction from a rental property, an advocate can help you understand your rights and options. They can review your case documents, speak with you directly about your situation, and assist with developing a plan to maintain housing stability.

4. File with the Clerk

You can formally begin your case by filing with the Small Claims Clerk at the appropriate New York City Civil Court, City Court, or Town/Village Court. You may file in person at the courthouse or, in some courts, online using the court’s e-filing system. Contact the local court for specific filing procedures and availability.

Process

Step 1

You: Take Online Screening

Begin your small claims process by taking the screening on LegalAtoms. Just enter your zip code in the top right corner of the homepage, then answer a few simple questions about your situation and the dispute you want to resolve. This screening is designed to confirm whether your case qualifies for Small Claims Court and to identify the specific forms and steps you’ll need to follow. Based on your answers, LegalAtoms customizes the process to fit your county’s local rules and case requirements. Before starting, gather all relevant documents to support your claim.

Step 2

You: Gather Evidence and Prepare to File Your Small Claims Case

Start by gathering all documents that support your small claims case, including:

Any written agreements or contracts related to your dispute
Proof of payment or nonpayment, like receipts, invoices, or bank statements
Emails, text messages, or letters between you and the other party
Photos, videos, or other evidence supporting your claim

Next, confirm that your case qualifies for small claims in New York and prepare your court forms. You can complete them in person at the courthouse or online, if your local court offers electronic filing. Keep copies of all documents and evidence—you’ll need them at your hearing and when serving the other party. For filing, contact the Small Claims Clerk at the appropriate court in your area.

Step 3

You: Wait for the Required Time Before Filing (If Applicable)

After sending a demand for payment or resolution, allow a reasonable time—typically 10 to 30 days—for the other party to respond.

If the issue is resolved during this period (for example, they pay what’s owed or fulfill their obligation), you may not need to take further steps. However, if they do not respond, refuse to pay, or deny responsibility, you can proceed by formally filing your small claims case with the Small Claims Clerk at the appropriate New York court.

Step 4

You: Create Your Small Claims Case on LegalAtoms

Log into your LegalAtoms account, or create a new one if you don’t have an account yet. On your dashboard, select “Start New Case” and choose “Small Claims” as the case type. The platform will guide you step-by-step through entering:

The defendant’s full name and contact information
A description of your dispute and the amount you're claiming
Uploading supporting evidence such as contracts, receipts, messages, or photos

LegalAtoms automatically prepares the required New York small claims court forms based on your answers and your specific court’s requirements.

Review all documents carefully, then digitally sign them within the platform. If your local court supports e-filing, you can submit your forms directly through Legal Atoms. Otherwise, you can download a complete packet to print and file in person with the Small Claims Clerk at the appropriate court.

Step 5

You: Serve the Defendant with the Plaintiff’s Claim and Order to Go to Small Claims Court

Once your case is filed, the court will issue a summons that includes the details of your claim and notifies the defendant of the lawsuit.

Serve the Defendant:

You are responsible for making sure the defendant is properly served. You cannot serve them yourself. In New York, service must be carried out by:

A friend, relative, or acquaintance age 18 or older who is not involved in the case
A professional process server
In some courts, a clerk or other authorized person may handle service for a fee

The person who serves the papers must complete an Affidavit of Service, which must be filed with the court by the deadline listed on your summons to confirm the defendant was properly notified.

Step 6

Wait for the Defendant’s Response

After the defendant is served with the court papers, they are not required to file a written response in New York small claims cases. Instead, both parties must appear in court on the hearing date.

During this time, the defendant may:

Contact you to try to settle the case
Gather and prepare their own evidence for the hearing
File a counterclaim if they believe you owe them money

If the defendant does not appear at the hearing, the judge may enter a default judgment in your favor, as long as the court confirms that service was properly completed and your claim has merit.

Step 7

You: Obtain Final Judgment and Enforce the Court’s Decision

At the end of your small claims hearing, the judge will issue a final judgment. This decision may award you money or other relief depending on your claim and the evidence presented.

If the judge rules in your favor and the defendant does not pay voluntarily, you can take steps to enforce the judgment, such as:

Filing an income execution to have money deducted from the defendant’s wages
Requesting a property execution to seize non-exempt personal property or funds from a bank account
Placing a lien on the defendant’s real estate by filing a transcript of judgment with the County Clerk
Requesting a court order (like a turnover proceeding) if the defendant refuses to surrender assets

FAQs

What is a small claims case?

What is a valid reason for filing a small claims case in New York?

In New York, you can file a small claims case in the appropriate Small Claims Court for disputes involving money within court limits (up to $10,000 in NYC, $5,000 in other city courts, and $3,000 in town or village courts). Valid reasons include:

Someone owes you money (unpaid loans, rent, or wages)
Breach of contract (services not completed or done poorly)
Damage to your property (car, home, or belongings)
Security deposit disputes between tenants and landlords
Failure to return personal property
Consumer issues, like receiving defective goods or services

Small claims are meant to resolve simple disputes quickly, affordably, and often without needing a lawyer.

What is the small claims process in New York?

In New York, small claims cases are handled in the appropriate Small Claims Court and are designed to resolve simple disputes involving money within court limits (up to $10,000 in NYC, $5,000 in other city courts, and $3,000 in town or village courts). Here’s the process:

Prepare Your Case
Gather contracts, receipts, messages, photos, and other evidence that supports your claim.

File Your Case
File your claim with the Small Claims Clerk at the appropriate court. You can usually file in person or online if your court offers e-filing.

Serve the Defendant
The defendant must be officially served with court papers by a friend, process server, or another authorized person—not by you.

Attend the Hearing
Both parties appear in court on the scheduled date. The judge listens to both sides, reviews the evidence, and makes a decision.

Collect the Judgment (if you win)
If the defendant does not pay, you can use enforcement methods like wage garnishment, property seizure, or placing a lien on real estate.

How long does the small claims process take in New York?

In New York, the small claims process usually takes about 1 to 3 months, depending on how quickly you file, serve, and get a hearing date. Here’s the general timeline:

Filing the Case – After you file with the Small Claims Clerk, a hearing date is usually scheduled within a few weeks.
Serving the Defendant – The defendant must be properly served before the case can move forward. The sooner service is completed, the sooner the hearing can be scheduled.
Court Hearing – Most hearings take place within 30 to 60 days after filing.
Judgment & Collection – If you win and the defendant doesn’t pay voluntarily, collecting the judgment (through wage garnishment, property liens, or other enforcement methods) may take additional time.

What happens if my filing is rejected?

When will I hear back about my filing?

Can a landlord evict a tenant without going to court in New York?

Are there fees associated with filing a small claims case in New York?

Yes, there are fees to file a small claims case in New York. The filing fee varies by court but generally ranges from around $15 to $45, depending on the court and the amount you’re claiming.

You may also need to pay a separate fee to have the defendant served by a process server, friend, or other authorized person.

If you cannot afford these fees, you can ask the court for a Fee Waiver by submitting a financial hardship form (sometimes called a Request to Waive Fees).

Do tenants have rights regarding security deposits in New York?

Yes, tenants in New York have specific rights regarding security deposits:

Return deadline: Landlords must return the security deposit within 14 to 30 days after the tenant moves out (timeframes vary by local law).
Permissible deductions: Deductions can only be made for unpaid rent, damages beyond normal wear and tear, or other lawful charges.
Written notice: If any amount is withheld, the landlord must provide a written itemized statement explaining the deductions.
Forwarding address: Tenants should provide a written forwarding address to ensure return of the deposit.
Tenant rights: If a landlord wrongfully withholds the deposit, tenants can sue in small claims court to recover the money.

Where can I get help with eviction issues in New York?

New York Legal Help and Resources:
- New York State Unified Court System – Free legal information and forms
- Legal Services NYC – Free civil legal help for low-income New Yorkers
- Legal Aid Society – Housing, eviction, and tenant rights support
- Law Help NY – Access to legal information and resources statewide
- 311 – New York City’s information and referral service for legal, housing, and social services assistance

Court Forms Created This website guides you through all the topics required to complete your small claims court documents and file your case.

Core Forms

Small Claims
Commercial Claims
Affidavit of Service
Fee Waiver