How to File a Small Claims Suit in New York

Small claims court offers a quick and inexpensive way to resolve legal issues in cases involving small amounts of money in New York. These courts allow everyday people to settle disputes fairly and efficiently in the busiest court system in America.

Things You'll Need

• Computer with Internet access
• Defendant's legal name

Instructions

File Suit in a Small Claims Court

1. Get the basics on the system. New York State provides the "Consumer Law Help Manual" as a legal guide for consumer advocates and offers basic advice for small claims cases. Find an older version online; the latest update can be found at your local library (see Resources below).

2. Visit the proper small claims court clerk's office in the proper county to file a claim. In some areas, Town and Village Courts handle small claims, while in New York City there is a small claims division of the civil court in each of the five boroughs.

3. File the Statement of Claim form. As you fill out your claim, you must provide the current contact information for the person you are filing suit against, the amount you are suing for and the reason you are suing. If you do not know the address of the defendant, first visit the county record's office to try to locate that information.

4. Be sure to prepare your case with as much written evidence as possible. Keep all receipts, contracts and demand letters related to the dispute to show in court.

Speed Up the Small Claims Process

1. Use a private vendor to file your suit online. While the State of New York does not offer electronic filing of court forms, outside companies will process your paperwork electronically for a fee.

2. Choose an arbitrator--a lawyer who hears cases--instead of a judge in New York City, Nassau and Westchester counties and the cities of Buffalo and Rochester to have your case heard sooner. Both parties must agree to use the arbitrator and no appeals are allowed.

3. Consider working with a mediator who can help you settle your case without a court appearance. Community dispute resolution centers exist in every county in New York to help create an agreement between parties. Mediation is usually quicker and more convenient than court.

Tips & Warnings

• The monetary limit for cases in New York City is $5,000, while counties outside the city have a $3,000 limit.

• File counterclaims promptly. If you are being sued in small claims court in New York, you have five days from when you are served to counter sue. If the counterclaim is filed after the five-day period, the plaintiff can request to have the case postponed.