Small Claims DeskWho Can Sue, NY

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New York · New York City Civil Court, Small Claims Part

Who Can File a Small Claims Case in New York

Before the amount, before the forms: New York decides who is allowed to bring the case at all, and what that filer has to put on the paperwork. Getting this wrong is one of the few mistakes that survives all the way to the judgment.

Who New York permits to file

New York allows a small claims case to be brought by:

Whoever files has to be the person or entity that actually holds the claim. Suing in your own name over a debt owed to your company — or the reverse — is the kind of defect a defendant raises at the hearing.

Claim limit
$10,000
Court
New York City Civil Court, Small Claims Part
File online
No — in person/mail
Appeal window
30 days

The three that catch people out

Can I sue as my LLC or company?

New York permits it, and the form needs the full registered legal name and address of the entity — not the trading name. Some courts also limit how a company may be represented at the hearing.

Can I sue on behalf of someone else?

A parent or guardian may bring a claim for a minor child in New York. Otherwise you cannot file for a friend, a relative or a tenant — they file for themselves.

Do I need a lawyer?

No. Small claims exists so that people can represent themselves, and most attorneys will not take a case of this size. That is the whole design of the division.

Common questions

Who can file a small claims case in New York?

Any individual 18 years of age or older; A parent or guardian suing on behalf of a person under 18; NOT corporations, partnerships, associations, or assignees — they cannot sue in the Small Claims Part and must use the Commercial Claims Part (CCA Article 18-A); however, any of them may be sued in Small Claims.

Can an LLC or corporation file small claims in New York?

Yes. The claim form requires the entity's full legal business name, address and phone.

Can I sue someone in New York if I live in another state?

Usually yes — what matters is that the court has jurisdiction over the defendant, which normally means suing where the defendant lives or where the dispute happened, not where you live.

Do I need a lawyer to file small claims in New York?

No. New York City Civil Court, Small Claims Part small claims is designed for self-representation.

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 claim

Your small claims filing packet — $49

Everything above, assembled and filled in with your facts:

Start my claim

Answer a few questions first. See your claim written out before you pay anything.

Related tools

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.