Small Claims and Civil Court in New York: How to File, Where to Go, and What to Do When You Can't Find the Person You're Suing

What Is Small Claims Court in New York?

Small Claims Court is designed for individuals who want to sue for money without hiring a lawyer. It is the most accessible court in New York's system, the filing fee is low, the process is straightforward, and most hearings are held in the evening so working people can attend.

Here is what you need to know before you file

• In New York City you can sue for up to $10,000. In Nassau and Suffolk Counties and other city courts, the limit is $5,000. In town and village courts elsewhere in the state, the limit is $3,000.
• Only individuals can sue in Small Claims Court. If you are a corporation, LLC, partnership, or association, you must use the Commercial Claims process instead.
• You must sue in the county where the defendant lives, works, or has a place of business. You cannot sue someone in a county where they have no connection.
• You must have the defendant's correct legal name and a valid physical address. A P.O. Box is not acceptable. If you have the wrong address, the court cannot notify the defendant and your case will not move forward.

Official Small Claims information for New York City: NYC Small Claims Court  

Official Small Claims information for Nassau and Suffolk Counties:  NY Court Help Small Claims

Official New York State Small Claims Handbook: Download the NYS Small Claims Handbook 

How to File a Small Claims Case in New York

Filing a Small Claims case in New York is a straightforward process but you must follow the steps correctly or your case will be delayed.

• You can file in person at the Small Claims Court clerk's office in the county where the defendant lives, works, or has a place of business. You can also file online through a court-approved third-party vendor for an additional fee. The official New York court system does not offer direct e-filing for Small Claims through NYSCEF, but approved vendors handle this on your behalf.
• Fill out a Statement of Claim form. You will need to explain what happened, the amount you are claiming, and the correct legal name and physical address of the defendant.
• Pay the filing fee. In New York City the fee is $15 for claims up to $1,000 and $20 for claims over $1,000. Fees in Nassau, Suffolk, and other courts vary — contact the clerk's office in your county to confirm.
• The clerk will give you a hearing date. Small Claims hearings in New York City are typically held in the evening. Daytime hearings are available for seniors, disabled persons, and people who work nights.
• 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.

What Happens When the Court Cannot Reach the Defendant?

After you file, the Small Claims clerk mails a notice to the defendant by certified mail and by regular first class mail. If the notice sent by first class mail is not returned as undeliverable within 21 days, the defendant is presumed to have received it — even if the certified mail was not delivered.

The problem starts when the address is wrong.

If the post office cannot deliver the notice, because the defendant moved, left no forwarding address, or the address you provided was never correct, the clerk will give you a new hearing date and instruct you to arrange personal delivery of the notice yourself.

You then have four months from your original filing date to complete service. If you cannot locate the defendant and serve them within that window, your case will be dismissed. You can refile later if you find them, but you start the process over from the beginning and pay the filing fee again.

This is where many Small Claims cases stall, not because the claim is invalid, but because the claimant does not have a current, verified address for the defendant.

If the address you have is outdated, incorrect, or the defendant has moved without leaving a forwarding address, the next step is to find out where they actually are before your deadline runs out.

Easton Secure Solutions conducts defendant locates and address verification for Small Claims filers throughout New York City, Nassau County, and Suffolk County. We assist in identifying updated addresses information so your case can move forward before the four month window closes.

What Is Civil Court in New York and When Do You Use It?

Civil Court handles money cases that exceed the Small Claims limit. In New York City, Civil Court handles claims up to $50,000. In Nassau and Suffolk Counties, the District Court handles civil money cases.

You use Civil Court instead of Small Claims when:

• The amount you are suing for exceeds the Small Claims limit for your county.
• You are a corporation, LLC, or business entity that cannot use Small Claims Court.
• Your case involves a counterclaim that exceeds Small Claims limits.

Unlike Small Claims Court, Civil Court cases are more formal. You will need to file a summons and complaint, arrange service on the defendant yourself, and follow stricter court procedures. Many people hire an attorney for Civil Court cases, though it is not required.

The same address requirement applies here as in Small Claims Court. You must have a valid current physical address for the defendant before you can complete service. If the address you have is wrong or outdated, service cannot be completed and your case cannot move forward. Easton Secure Solutions provides defendant locates and address verification for Civil Court matters throughout New York City, Nassau County, and Suffolk County.

Official NYC Civil Court: NYC Civil Court 

Official Nassau District Court: Nassau District Court 

Official Suffolk District Court: Suffolk District Court 

About This Guide

This guide was prepared by Easton Secure Solutions LLC, a private investigation firm 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 Small Claims and Civil Court 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.