Filing a Court Case in New York: Where to File, Who Notifies the Other Side, and What to Do When You Can't Find the Person You're Suing

Which Court Do You File In?

New York has multiple court systems, and which one you use depends on what you're asking for, how much money is involved, and where the other party lives or works. Filing in the wrong court means your case gets dismissed or transferred, wasting your time and your filing fee.
Here is how the main courts break down:

• Small Claims Court handles money disputes up to $10,000 in New York City, up to $5,000 in Nassau and Suffolk Counties, and up to $3,000 in most town and village courts elsewhere in the state.
• Civil Court / District Court handles larger money claims. Nassau and Suffolk Counties have their own District Courts for civil cases.
• Housing Court handles landlord-tenant matters — nonpayment of rent, evictions, and repair disputes.
• Family Court handles child support, custody, visitation, orders of protection, and related matters.
• Surrogate's Court handles estates, wills, and guardianship matters when someone has died.

How Do You Start the Case?

Starting a court case in New York always begins with paperwork filed at the correct court clerk's office. The exact forms depend on the court type, but the basic process is the same across most civil courts.
You fill out the initiating paperwork — called a complaint, petition, or statement of claim depending on the court — and file it with the clerk. You pay a filing fee, and the clerk assigns your case a number. From that point forward, the other side must be notified.
A few things that catch people off guard:

• You must have the correct legal name of the person or business you are suing. If you have the wrong name, your case can be dismissed.
• You must have a valid address for the other party. A P.O. Box is not acceptable in most courts. The address must be a physical location where the person lives, works, or does business.
• If you are suing a business, you may need to look up the registered name and address through the county clerk or the New York Department of State before you can file

Who Notifies the Other Side?

Once you file, the other party has to be formally notified about the case. This is called service. How it happens depends on which court you are in.

• In Small Claims Court, the court clerk handles it. After you file, the clerk mails a notice to the defendant by certified mail and by regular first class mail. You do not arrange this yourself. If the mailing comes back undeliverable, the clerk will give you a new hearing date and instructions for arranging personal delivery.
• In Housing Court, the landlord is responsible for making sure the tenant receives the Notice of Petition and Petition before the court date. The papers must be delivered by someone who is not a party to the case.
• In Family Court, some counties handle service for you and some require you to arrange it yourself. The clerk will tell you which applies in your county.
• In Civil Court and District Court, after you file you are responsible for arranging service of the summons and complaint on the defendant. Service must be made by someone over 18 who is not a party to the case.
• In Surrogate's Court, interested parties must be served with a document called a Citation, which gives them formal notice of the proceeding.

One rule applies across every court in New York, you cannot serve the papers yourself. It must be done by someone who is not a party to the case.

What Happens When the Address Is Wrong or the Person Has Moved?

This is where most cases stall.
Whether you are filing in Small Claims, Civil, Housing, Family, or Surrogate's Court, you need a valid current address for the other party. If the address you have is wrong, outdated, or the person has moved without leaving a forwarding address, the court cannot complete notification and your case cannot move forward.

Here is what happens in each situation:

• In Small Claims Court, if the clerk's mailing comes back undeliverable, the clerk will give you a new hearing date and tell you to arrange personal delivery. If you cannot locate the defendant and serve them within four months of filing, your case will be dismissed. You can refile later if you find them, but you start over from the beginning.
• In Housing Court, if you cannot locate a tenant who has vacated, a nonpayment proceeding cannot be maintained against someone who has already left. However, if you are trying to reach a tenant who has moved but left no forwarding address, you still need a current address to complete proper notice.
• In Family Court, if you cannot locate the respondent, you can ask the judge for alternate service — but you must first show the court a written record of every attempt you made to find them, called an Affidavit of Due Diligence.
• In Surrogate's Court, all distributees and interested parties must be located and served with a Citation. If an heir or beneficiary cannot be found, the proceeding can be delayed or complicated until proper notice is made.
• In Civil and District Court, if you cannot serve the defendant at a valid address, you cannot obtain a judgment. A bad address stops the case entirely.

In every one of these situations, the problem is the same, you need a current, verified address before your case can proceed.

For New York court matters, Easton Secure Solutions is a licensed New York private investigation firm providing locate, address verification, and skip tracing services for plaintiffs, petitioners, landlords, estate filers, and attorneys whose cases are stalled because the other party cannot be found. We also handle process serving as part of our court support services. If your case is stuck because the address is wrong, outdated, or the person has moved, contact us before your deadline runs out. Person Locating Services

What Courts Are Located in New York City, Nassau County, and Suffolk County?

If your case involves a party in New York City, Nassau County, or Suffolk County, here is where you file.

New York City has its own court system covering all five boroughs: Manhattan, Brooklyn, Queens, The Bronx, and Staten Island. Small Claims, Civil, Housing, and Family Court cases are all handled through the New York City court system. You file in the borough where the defendant lives, works, or where the dispute occurred.

Official NYC court information: nyc.gov/courts

Nassau County has its own District Court handling civil and small claims cases. Family Court cases are filed at the Nassau County Family Court in Westbury. Surrogate's Court is located in Mineola.

Official Nassau County court information: nycourts.gov/courts/10jd/nassau

Suffolk County also has its own District Court system with multiple locations across the county. Family Court cases are filed at the Suffolk County Family Court. Surrogate's Court is in Riverhead.

Official Suffolk County court information: nycourts.gov/courts/10jd/suffolk

What to Do If Your Case Is Stalled Because You Cannot Find the Other Party

If you have already filed and your case is stuck because the address you have is wrong, the mail came back undeliverable, or the person you are trying to reach has moved, you are not out of options, but you are on a clock.

Courts do not wait indefinitely. In Small Claims Court you have four months from the date you filed to complete service before your case is dismissed. In Family Court, if you cannot serve the respondent, you must document every attempt you made before a judge will consider alternate service. In Surrogate's Court, a proceeding cannot move forward until all interested parties have been properly notified.

The first step is to stop guessing and get a verified current address.

This means finding out where the person actually lives or works right now, not where they lived two years ago, not a relative's address, not an old employer. A confirmed, current, physical address.

Easton Secure Solutions conducts person locates, address verification, and skip tracing for New York court-related matters throughout New York City, Nassau County, and Suffolk County. We work with self-represented filers, landlords, estate administrators, and attorneys. If your filing deadline is approaching, contact us as early as possible.

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About This Guide

This guide was prepared by Easton Secure Solutions LLC, a private investigation agency licensed by the New York Department of State, Division of Licensing Services. We primarily serve clients throughout New York City, Nassau County, Suffolk County, and New York State. For court-related locate and skip tracing work, we also assist clients with matters extending beyond New York State when the investigation requires it.

This page is general information about the court filing process in New York. It is not legal advice. Court procedures change, local rules vary by county, and your individual case may have facts that affect what steps apply to you. If you have a specific legal question about your situation, consult a licensed New York attorney.

If your case involves locating a person, verifying a current address, skip tracing, or any court-related investigative work in New York, contact us.

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