Courts · Small Claims
Small Claims Court Limit in New York
The most you can sue for in New York small claims — with the filing-fee range and whether a lawyer is allowed, cited to the statute.
The limit, the fee & who can appear in New York
The claim ceiling, how the filing fee is set, and whether lawyers are allowed at the hearing.
| Maximum claim | $10,000 |
| How the limit works | Varies by court (three tiers) |
| Filing fee | ~$15–$20 statewide by claim size (about $15 for claims of $1,000 or less, ~$20 above that) |
| Lawyers at the hearing | Allowed |
| Statute / court rule | NYC Civil Court Act §1801; Uniform District Court Act §1801; Uniform Justice Court Act §1801 |
The limit depends on which court hears the case, not on a single statewide number. Businesses file "commercial small claims" under the same tier ceilings.
A 2025 bill (S2636) would raise the town/village justice-court limit to $10,000, but it had not been enacted as of mid-2026. The tiered limits below are the ones in effect now.
Where to file in New York
A reference page, not a filing walkthrough — here's the official resource for procedure.
This page is a reference for the dollar limit, fee, and whether a lawyer is allowed — not a step-by-step filing guide. For the forms, where to file, and how service works, use New York's official court self-help resource.
→ NY Department of LaborWhat New York filers get wrong
New York is the state most often reported wrong. Nolo and others print "$5,000 statewide" — but the statutes are tiered by court, and collapsing them to one figure misleads people. The New York City Civil Court and the city courts (Buffalo, Rochester, Yonkers, and others) hear claims up to $10,000. The Nassau and Suffolk district courts cap small claims at $5,000. Town and village justice courts — the local courts across much of upstate — stop at $3,000. All three sit in separate §1801 provisions (Civil Court Act, Uniform District Court Act, Uniform Justice Court Act), and we confirmed each verbatim. So the honest answer to "what's the limit in New York?" is: it depends which court your case belongs in. Lawyers are allowed, though most people represent themselves, and filing fees are low ($15–$20).
Common questions
What is the small claims limit in New York?
It depends on the court. New York City Civil Court and the city courts hear claims up to $10,000; the Nassau and Suffolk district courts cap small claims at $5,000; and town and village justice courts stop at $3,000. There is no single statewide figure.
Is the New York small claims limit really $5,000?
Only in the Nassau and Suffolk district courts. Sites that print "$5,000 statewide" are wrong — the New York statutes set three different ceilings ($10,000 / $5,000 / $3,000) depending on which court hears the case.
Which New York court do I file my small claim in?
Within New York City, the NYC Civil Court ($10,000). In other cities, the local city court ($10,000). In Nassau or Suffolk County, the district court ($5,000). Elsewhere, your town or village justice court ($3,000). File where the defendant lives, works, or does business.
Can a business file a small claims case in New York?
Yes — as a "commercial small claims" case, subject to the same tiered ceilings ($10,000 / $5,000 / $3,000) depending on the court. Lawyers are permitted in New York small claims for either side.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.