Your first decision is where to file the case. New York has three small claims court systems depending on location: (1) the Civil Court of the City of New York for residents of the five boroughs, (2) the City Courts outside New York City, and (3) the Town and Village Justice Courts for smaller jurisdictions. You must file your case in the court district where the defendant lives, works, or conducts business. Filing where the plaintiff resides is not allowed unless the defendant also has a presence there. For instance, if you live in Brooklyn but the defendant’s business operates in Queens, your case belongs in the Queens Civil Court.

Each location has its own clerk’s office, filing hours, and local rules. In New York City, you can file in person at the county courthouse or online through the NYC Civil Court’s e-filing platform for certain boroughs. Outside NYC, filing is typically done in person at the City, Town, or Village Court clerk’s window. The clerk will prepare a “Statement of Claim,” which you must sign under oath, attesting that your statements are true. You’ll pay the filing fee and provide the defendant’s name and address; the court then mails notice to the defendant by certified and regular mail. If mail fails, you must arrange personal service.

Always verify the correct court address and hours at nycourts.gov. A quick call to the clerk can prevent delays. Filing in the wrong court forces dismissal or transfer, costing weeks and additional fees. Precision here determines whether your case moves efficiently toward judgment.

Step 2: Prepare Your Claim

A persuasive claim begins with organized evidence and a concise story. Start by defining your issue clearly: who owes you money, why, and how much. Gather supporting materials such as contracts, receipts, emails, repair estimates, or photographs showing damages. For landlord-tenant disputes, include lease copies, rent ledgers, and correspondence showing notice of problems. For service or goods disputes, keep all communications and proof of payment. Judges look for clear documentation, not lengthy narratives. Prepare a one-page timeline showing key dates and a separate ledger summarizing your loss with corresponding exhibits.

Describe your claim in plain, direct sentences. Avoid emotional language or accusations—stick to the facts. The “Statement of Claim” on the form usually allows only a few lines, so focus on: (1) the agreement or transaction, (2) what went wrong, and (3) what amount you are owed. Example: “On 3/5/2024, I paid the defendant $1,200 to replace my roof. The work was not completed. I request reimbursement of $1,200 plus filing and service costs.” Simple phrasing reduces ambiguity and builds credibility. Attach relevant documentation for the clerk to review.

Accuracy in the defendant’s information is crucial. For individuals, use the full legal name and current address. For businesses, confirm the entity type through the New York Department of State’s Corporation Search to identify the proper party and registered agent. Mistaken identity can derail the case later. Once your statement is complete, double-check spelling, dollar amounts, and attachments before signing under oath. A clear, factual claim sets the tone for the entire proceeding.

Step 3: File and Pay Fees

After preparing your claim, visit the appropriate courthouse clerk’s office. Bring your completed Statement of Claim, identification, and payment. In New York City, you may file electronically for certain boroughs using the e-filing portal, though in-person filing remains most common. Fees are $15 if the amount claimed is $1,000 or less, and $20 if over $1,000 (Civil Court Act §1803). If you cannot afford to pay, request a fee waiver by filing an “Application to Proceed as a Poor Person.” Clerks can provide the form but cannot decide eligibility—that decision rests with a judge.

Once filed, you will receive a receipt with your case number and hearing date. The clerk mails a copy of your claim to the defendant via certified and regular mail. If both mailings fail, you must arrange personal service within prescribed time limits. Keep copies of all documents for your records. Filing early in the week often speeds up scheduling. Avoid filing near holidays, as court staff shortages can delay mailing notices.

Be aware of mailing timelines. If the defendant’s address changes or the mail is returned, notify the court immediately to avoid dismissal. Once service is complete, you will receive confirmation that notice was delivered or attempted. Filing marks the formal start of your case; accuracy and timeliness here set the pace for everything that follows.

Step 4: Defendant Notification (Service of Process)

Proper service ensures due process—without it, your case cannot proceed. In New York small claims, the court clerk typically handles initial mailing. Both certified and first-class mail are sent to the defendant’s address provided in the claim. If either mail piece is returned as undeliverable, the clerk notifies you so you can arrange personal service. This ensures the defendant knows about the hearing and has a fair opportunity to appear. If service fails entirely, the court may dismiss the case without prejudice, allowing you to refile once correct contact information is found.

If personal service becomes necessary, hire a licensed process server or any adult (18+) who is not a party to the case. That person must deliver the claim and hearing notice directly to the defendant or a person of suitable age at their residence or workplace. The server then completes an affidavit of service stating when, where, and to whom the papers were delivered. File that affidavit promptly. Accurate service records are vital, as judges often check them first before hearing evidence.

Always verify the address from recent correspondence, contracts, or online listings. For businesses, use the registered agent’s address from the Department of State. Avoid serving at outdated or PO Box addresses—these are insufficient for personal delivery. Completing service early gives you flexibility if corrections or re-service are needed. Organized service guarantees your case moves forward smoothly and protects your right to a valid judgment.

Step 5: Preparing for the Hearing

The hearing is the pivotal event in your small-claims journey, where both sides present their evidence before a judge or arbitrator. Once the clerk assigns a date, begin organizing immediately—do not wait until the week of the hearing. Review your Statement of Claim and confirm every document that supports it: contracts, emails, receipts, text messages, photographs, or expert estimates. Arrange them in chronological order to build a clear story. Judges appreciate litigants who walk them through a simple, date-based narrative instead of disjointed complaints. Prepare three identical exhibit sets—one for the judge, one for the opposing party, and one for yourself. Label each document with exhibit numbers (Ex. A, B, C) and describe each briefly on a cover page.

Plan your verbal presentation. Open with a short, factual summary covering who you are, what happened, and the exact amount you seek. For example: “Your Honor, I paid the defendant $2,500 to install kitchen cabinets on March 1. The work was never completed despite multiple requests. I am requesting reimbursement of $2,500 plus filing fees.” Avoid emotional appeals or legal jargon—small-claims judges rely on credibility and precision, not theatrics. Anticipate possible defenses (“the work was acceptable,” “the plaintiff caused delays”) and prepare concise factual rebuttals tied to exhibits.

Confirm logistical details early. If you need an interpreter, ADA accommodation, or wish to bring witnesses, inform the clerk at least two weeks before the hearing. Witnesses with firsthand knowledge can be invaluable—landlords, contractors, or co-signers whose statements corroborate your claim. If they cannot appear, a written affidavit signed and dated under penalty of perjury is sometimes accepted, though live testimony carries more weight. Dress neatly, arrive 30 minutes early, and check posted dockets to confirm your case number. Court officers call cases in sequence; being absent when called can result in dismissal for “failure to appear.”

Finally, rehearse restraint. Address only the judge, not the opposing party. Keep calm even when provoked. Bring a notebook to jot points for rebuttal rather than interrupting. Judges notice professionalism and patience, which enhance credibility. When both sides finish, the court may issue a decision immediately or mail it within 30 days. Proper preparation ensures you deliver a logical, evidence-driven presentation that commands respect and improves the odds of a favorable judgment.

Step 6: Attending the Hearing

On hearing day, punctuality and composure define your credibility. Check security screening times—Civil Court buildings in all five boroughs require bag inspection and ID. Bring your exhibits neatly in a folder, along with a copy of the Statement of Claim and proof of service. Silence your phone. When the clerk calls your case, step forward promptly and address the judge respectfully: “Good evening, Your Honor.” Small-claims sessions are informal, yet etiquette matters; professionalism signals reliability.

Expect the judge or arbitrator to begin by confirming parties’ names and addresses. You will then present your claim first. Hand one exhibit packet to the judge and another to the defendant. Speak slowly, summarize the core issue, and reference documents as you proceed (“As shown in Exhibit A, the defendant accepted payment…”). The judge may interrupt with clarifying questions—answer directly, never argue. When the defendant speaks, listen attentively and take notes instead of interrupting. You’ll have a chance to respond after they finish. Keep your rebuttal concise and evidence-anchored. Judges favor litigants who stay calm under pressure.

If witnesses accompany you, they will be sworn in before testifying. Ensure they stick to firsthand facts—speculation weakens credibility. For technical disputes, concise professional opinions (for instance, from a mechanic or appraiser) can help quantify loss. Avoid bringing unrelated character witnesses; small-claims hearings are not about moral reputation but about money owed and proof thereof. If an interpreter is needed, confirm at check-in that one has been assigned; hearings cannot proceed without proper language assistance.

Sometimes the court will refer your case to voluntary arbitration—an even quicker process where an attorney-arbitrator decides based on fairness and evidence. Arbitration awards carry the same legal weight as judicial decisions. Whether before a judge or arbitrator, the principles remain identical: clarity, brevity, and documentation win cases. After closing statements, the court may rule immediately or reserve decision for later mailing. Either way, your behavior and organization play a decisive role in shaping the outcome.

Step 7: Judgment Issued

After both sides present, the court will either announce the decision immediately or mail a written judgment, formally titled the Notice of Judgment. This document specifies who won, the awarded amount, interest (currently 9% per year under CPLR § 5004), and allowable court costs. If you win, congratulations—you are now a judgment creditor. But note: the court does not collect money for you. The defendant, now the judgment debtor, must pay voluntarily or you must enforce collection yourself after the statutory 30-day stay expires.

If you lose, review the decision carefully. Judges sometimes explain reasoning orally; request written clarification if unclear. Ask: Was the denial due to missing proof, wrong defendant, or legal limits? In some instances you may appeal to the Appellate Term within 30 days of entry. Appeals in small claims are rare and limited to questions of law, not new evidence. Consider whether the cost and delay outweigh the potential recovery. If dismissed “without prejudice,” you may correct issues and refile.

For winners, patience and precision matter next. Wait until the 30-day appeal window closes before taking enforcement steps. Use that time to send a courteous written demand letter summarizing the judgment, amount owed, payment deadline, and acceptable payment methods. Many debtors comply once they see the official court stamp. Keep a record of this outreach; it demonstrates good faith if later enforcement becomes necessary. A judgment entered in New York remains valid for 20 years and can accrue substantial interest over time—strong motivation for eventual payment.

Check that your Notice of Judgment lists all recoverable costs (filing, service, postage). If any are missing, you may submit a “Statement of Costs” for inclusion. Once confirmed, obtain a certified copy of the judgment from the clerk—it’s essential for bank levies or wage garnishments later. The judgment document marks a turning point: from proving your claim to securing payment.

Step 8: Post-Judgment Collection

Winning a judgment is only half the battle—collecting it completes justice. After the 30-day stay ends, you may enforce payment through various legal tools. Start by requesting voluntary compliance. Send a polite demand letter enclosing the Notice of Judgment and giving a clear payment deadline. Include options such as certified check or money order. If no response, proceed to discovery and enforcement.

Under CPLR § 5224, you can serve an Information Subpoena compelling the debtor to reveal assets, bank accounts, and employment details. If ignored, you may motion for a contempt order. With bank or employment data, apply for an Execution for Levy (CPLR § 5230) at the clerk’s office. Deliver this to a City Marshal or Sheriff—only they can seize funds legally. A Bank Levy freezes available balances on the day of service; an Earnings Garnishment directs up to 10% of net wages toward satisfaction. For debtors owning real property, record a Transcript of Judgment with the County Clerk to create a lien, which must be cleared before any sale or refinance.

Track every step meticulously. Keep copies of correspondence, marshal receipts, and payment ledgers. Update interest periodically; judgments earn annual interest until paid. Some debtors negotiate installment plans—always confirm in writing and retain the right to resume enforcement if they default. Avoid harassing contact; collection must remain professional and within legal limits. Do not threaten imprisonment—debtors cannot be jailed for nonpayment of civil judgments.

If collection stalls, you may hire a licensed judgment-enforcement specialist or attorney. Fees are often contingent, meaning they take a percentage of recovered funds. Persistence pays—New York judgments remain valid 20 years and can be renewed if necessary. Thorough record-keeping and consistent follow-up transform paper victories into tangible results.