Serving the defendant
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.
Where filers get this wrong
Two things about service are consistently misunderstood:
- The clerk accepts your filing whether or not service is later done properly. The counter is not the check.
- Whether service was good gets tested afterwards — typically at the moment you ask the court for a default because the defendant did not appear.
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.
The order it has to happen in
- 1. File first. The court issues the summons. Papers that have not been issued cannot be served.
- 2. Choose a permitted method. New York permits 2 routes, listed above. Which is wise depends on the defendant, not on which is cheapest.
- 3. Give a real, current address. A registered agent address for a business, a residence for a person. A stale address is the most common reason service fails and a case simply stops moving.
- 4. Get the proof on the docket. The server files a return of service. Without it the court treats the defendant as never notified.
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.
- Claim limit
- $10,000
- Court
- New York City Civil Court, Small Claims Part
- File online
- No — in person/mail
- Appeal window
- 30 days
Common questions
Who serves small claims papers in New York?
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.
Can I serve the papers myself in New York?
No. Service is carried out by someone who is not a party to the case. Handing the papers over yourself does not count, and the defect usually surfaces at the worst moment.
Can small claims papers be served by mail in New York?
New York permits a mail route where the case type allows it. 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 happens if the defendant cannot be found?
The case does not move forward. Courts have alternative-service procedures for that situation, but they have to be applied for and they are not granted automatically.
Pick the county where you would sue
Small claims is filed at the county level. Pick your county for its court, fee, and forms — or start your claim and we'll ask where you'd sue.
Start my claimYour small claims filing packet — $49
Everything above, assembled and filled in with your facts:
- Your court's own forms, with your claim written in the language the court expects
- A demand letter built from the same facts
- A filing checklist with your court's address, hours, and fee
- What to bring to your hearing
Answer a few questions first. See your claim written out before you pay anything.
Reviewed by Small Claims Desk · Last reviewed 2026-08-20 · Sourced from New York judiciary self-help resources and each county's clerk of court 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.