Question 1 of 8. We need the defendant's legal name and address to build the service paperwork.
- Who arranges it
- See below
- Cost per defendant
- Set by the server
- Lawful methods
- 2
- Filing fee
- $15–$20
Who serves the papers in Queens County
The court clerk. After the claim is filed the clerk mails the notice of claim to the defendant; the person suing (the claimant) does not arrange or pay for personal service of a summons.
- Clerk mails the notice of claim by ordinary first-class mail (CCA §1803)
- Clerk mails the notice of claim by certified mail, return receipt requested (CCA §1803)
If the post office cannot deliver the mailed notice (for example, the defendant moved without leaving a forwarding address), the clerk sets a new hearing date and the claimant must supply a correct address before the case can proceed.
What the court checks, and when
Two things people get wrong about service:
- The clerk accepts your filing whether or not service is done properly — the counter is not the check.
- Whether service was good is tested later, usually when the defendant does not appear and you ask for a default.
No summons is served by the claimant. If the notice sent by ordinary first-class mail is not returned by the post office as undeliverable within 21 days, the defendant is presumed to have received notice of the claim even if the certified-mail copy was not delivered.
If the post office cannot deliver the mailed notice (for example, the defendant moved without leaving a forwarding address), the clerk sets a new hearing date and the claimant must supply a correct address before the case can proceed.
Getting it done in the right order
- 1. File first. The court issues the summons; you cannot serve papers that have not been issued.
- 2. Give the server a real address. A business's registered agent address, or the person's residence. A PO box or a stale address is the most common reason service fails and the case stalls.
- 3. Get the proof filed. The server files a return of service with the court. Without it on the docket, the court treats the defendant as never notified — however certain you are that they received it.
- 4. Watch the hearing date. If service is not complete in time, the first date you were given at filing is wasted and the case is reset.
Common questions
Who serves small claims papers in Queens County?
The court clerk. After the claim is filed the clerk mails the notice of claim to the defendant; the person suing (the claimant) does not arrange or pay for personal service of a summons.
How much does service cost in Queens County?
The court's process has a set charge; a private process server sets its own fee. Confirm with the clerk before you file.
Can I serve the papers myself in Queens County?
No. Service is done by someone who is not a party to the case — a sheriff's civil division, an authorised process server, or another permitted method. Handing them over yourself does not count.
What happens if the defendant cannot be found?
The case does not move. Courts have alternative-service procedures for that situation, but they have to be applied for and they are not automatic.
The Queens County filing packet — $49
Everything above, assembled and filled in with your facts:
- Your Queens County filing forms, completed with your claim
- The service paperwork the court expects, addressed to your defendant
- A filing checklist with New York City Civil Court, Queens County - Small Claims Part's address, hours and fee
- A demand letter built from the same facts
Answer a few questions first. See your claim written out before you pay anything.
Reviewed by Small Claims Desk · Last reviewed 2026-08-23 · Sourced from nycourts.gov (NYC Civil Court fees, NYC Small Claims Court pages, Queens County Civil Court Directory, NYC Small Claims Forms, Queens County Civil and Housing Court Virtual Help Center) and nysenate.gov (NYC Civil Court Act, Article 18) and N.Y.C. Civil Court Act, Article 18 — Small Claims (§§ 1801-1814): §1801 (defines a small claim; $10,000 ceiling, exclusive of interest and costs), §1803 (commencement; $15 fee for claims of $1,000 or less and $20 for claims over $1,000; clerk serves notice of claim by ordinary first-class and certified mail), §1804 (informal, simplified procedure — court does substantial justice and is not bound by rules of practice, procedure, pleading or evidence), §1807 (review — either party may appeal only on the ground that substantial justice was not done). See how we verify.