New York Rules & Forms
Small Claims Court
Court: Small claims cases are heard in the Small Claims Part of the Civil Court (in cities) or the Justice Court (in rural areas) or Commercial Small Claims Court (in City Court and District Court).
Claim Limit: $3,000 in Justice Court, $5,000.00 in other courts.
Answer Period: Defendant may file an answer within five days of being served, but only if a counterclaim is being filed.
Attorney Representation: Attorneys can represent clients in small claims court.
Eviction Cases: Eviction cases cannot be filed in small claims court.
Jury Trial: The defendant may request a jury trial at least one day before the hearing date.
Statutes of Limitations (N.Y. Civ. Prac. Laws & Rules § 201 et seq.):
– Written Contract: 6 years
– Oral Contract: 6 years
– Personal Injury: 3 years
– Real Property: 3 years
– Personal Property: 3 years
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