A Guide to Small Claims Court

Small Claims Court is for handling common disagreements over money.

You can sue for up to:

• $10,000 in New York City
• $5,000 in Nassau and Suffolk Counties and other city courts
• $3,000 in town and village courts in the rest of the state

The court only deals with money claims—it can't order someone to do something or to stop doing something. It can only pay money.

What kinds of cases go to Small Claims Court?

Common Small Claims cases include:

• Landlords not returning security deposits
• Disputes over unpaid bills or services
• Broken contracts
• Faulty products or services
• Bounced checks

For example, if your landlord withheld your $1,200 security deposit without a reason  or a contractor didn't finish work you already paid for.

Starting a Small Claims Case

To start a case, you (the "claimant") file a "Statement of Claim" form with the Small Claims Court clerk. File it in the borough or county where the disagreement happened. Pay a filing fee ($15-$20, depending on the amount you're asking for) and get a court date.

The court will mail a notice to the person you're suing (the "defendant"), to tell them about your claim and when to appear in court.

If you are sued in Small Claims Court

If you get a notice that someone is suing you in Small Claims Court, don't panic. You have options:

1. Prepare a defense: Gather evidence that supports your side of the story.
2. Consider filing a counterclaim: If the person suing you owes you money, you can file your own claim against them.
3. Explore settlement: You can try to reach an agreement before the court date.
4. Show up to court: If you don't, the judge may decide against you automatically. This is known as a “default judgment.” It's hard to undo a default judgement.

Alternatives to Small Claims Court

Many courts also offer free mediation services. This is when a neutral "mediator" helps you and the other side agree. If you agree, you both sign a settlement agreement. Mediation can be faster and give you more control over the outcome. You can ask the judge or court clerk about mediation. 

If you make an agreement before your trial date, tell the court clerk in writing and include a copy of the settlement agreement. 

Preparing for your court date

Here is how to get ready: 

• Write down your story: Write down your story in simple terms, like what happened and why you should win. Practice explaining it. Judges often decide cases right away, so a clear story that's easy to follow will help your chances.
• Organize your evidence: Bring original documents like receipts, contracts, photos, emails, or text messages that support your case. Bring two extra copies of each.
• Line up witnesses: Bring anyone who saw or experienced what happened. They must promise the court to tell the truth ("testify under oath"). If a witness does not want to testify or give records, you can ask the court for a subpoena. A subpoena orders someone to testify or share evidence.
• Be realistic: Think about both the strong and weak points of your case. This helps you prepare for tough questions from the judge and challenges from the other side.
• Ask for an interpreter: If you or your witnesses don't speak English, call the court clerk before your court date and tell them you need an interpreter. The court will provide a free interpreter for your trial.

What happens in court

Small Claims hearings are less formal than regular court proceedings, but they're still serious. Here's what to expect:

1. Get to court at least 30 minutes early to go through security, find your courtroom and check in.
2. When your case is called, both sides get to explain their case and present evidence. This is called a testimony. Call the judge "Your Honor."
3. The judge will look at all the evidence and might ask questions.
4. Sometimes the judge decides immediately, but usually they mail their decision later.

If you win your case

You'll receive a judgment, which is a legal document stating that someone owes you money. If they don't pay, you may need to take additional steps to collect, like:

• Looking for their assets by filing an information subpoena (this is a legal document that requires the person to answer questions about what money or property they have)
• Asking a sheriff or marshal (official law enforcement officers) to help you collect the money. They can sell some of the person's belongings for the money, or get some of the person’s paycheck sent directly to you
• Putting a legal claim (called a lien) on the person’s property, such as a house or land, which will stop them from selling it without paying what they owe you first

These steps involve additional fees and paperwork, but the court clerk can provide guidance.

If you lose your case

If you lose, you have a few options:

• Pay the judgment amount if you're the defendant
• Request a new trial if you had a valid reason for missing the original date
• In limited circumstances, file an appeal (This is only an option if your case was decided by a judge, not an arbitrator)

Tips for success

1. Be organized: Judges appreciate clear, well-organized presentations.
2. Be truthful: Lying under oath is against the law and can result in serious penalties.
3. Be respectful and polite: Stay calm and don't interrupt others.
4. Be prepared: Know your facts, bring your evidence, and understand what you're asking for.
5. Be realistic: Small Claims Court can't solve all problems, and collecting judgments can be challenging.

Getting help

While Small Claims Court is designed for people without lawyers, you can still get help:

• Court clerks can explain procedures (but can't give legal advice)
• Law libraries and court help centers offer resources
• Free legal clinics and organizations may provide guidance
• Mediation services can help you reach a settlement