Brooklyn Small Claims Court Guide

What Is Small Claims Court?

Small Claims Court is a simplified court designed for people who want to resolve disputes involving money without hiring a lawyer. It's faster, cheaper, and less formal than regular civil court. You don't need legal training — the process is designed so anyone can represent themselves.

In Kings County (Brooklyn), you can sue for up to $10,000. The court is solely for monetary compensation — you cannot use it to force someone to take an action or to seek damages for pain and suffering.

What can you sue for?

• Unpaid debts or loans
• Security deposit disputes
• Property damage
• Broken contracts or verbal agreements
• Defective products or poor services
• Auto repair or car accident damage
• Bad construction or home repair work
• Landlord/tenant disputes

Who can file?

• Any individual 18 or older. Minors must file through a parent or guardian.
• You must be the proper party — for example, the registered owner of a damaged vehicle, not someone driving it on their behalf.
• Corporations, partnerships, and associations cannot sue in Small Claims Court (they use Commercial Small Claims Court instead), but they can be sued.

Jurisdiction

You must file in the county where the defendant lives or works. If neither party lives in New York City, you can sue where either party has a place of business. Out-of-state defendants generally cannot be sued in NYC Small Claims Court.

How to File a Case

Step 1: Gather your information

Before visiting the clerk's office, make sure you have:

• The defendant's correct full name and address (if suing a business, you need the official business name — check with the County Clerk's office if unsure)
• The dollar amount you're claiming
• A clear explanation of why you're suing

Step 2: File at the clerk's office

Visit the Small Claims Clerk's office at 141 Livingston Street, Room 303, to fill out a Statement of Claim and pay the filing fee. You'll receive a hearing date at this time.

Step 3: The court notifies the defendant

You do not need to serve the defendant yourself. The court clerk sends notice of your claim via both certified and regular mail. Service is considered complete if the regular mail is not returned as undeliverable within 21 days — even if the certified letter is never signed for.

If mail service fails

The court will give you a new hearing date and instructions for personal service. Someone 18 or older (who is not a party to the case) must deliver the papers in person. If you cannot serve the defendant within 4 months, the case is dismissed — but you can refile if you locate them later.

Suing a public agency?

You must notify the agency in writing within 90 days of the incident. The agency will assign a claim number. Wait 30 days for a response before filing in court. The overall deadline is 1 year plus 90 days from the incident (1 year plus 30 days for MTA claims).

Preparing for Trial

Mediation first

After filing, both parties will typically be contacted about mediation through the Community Dispute Resolution Center. Mediation is voluntary — either party can opt out with no effect on their case. It's often a faster way to reach a resolution without going before a judge.

Gather your evidence

Bring everything that supports your case to the hearing:

• Photos or videos of damage
• Written contracts, leases, or agreements
• Receipts, invoices, or cancelled checks
• Text messages, emails, or letters
• For repair claims: two signed, itemized written estimates

Witnesses

Witnesses must swear or affirm to tell the truth. If a witness refuses to come voluntarily, you can request a subpoena from the clerk's office. Expert witnesses (e.g., a mechanic or contractor) may be needed for technical claims but typically require payment and cannot be subpoenaed.

At the hearing

As the claimant, you present your side first. Interpreters are available for 100+ languages, and American Sign Language. You'll take an oath, explain the dispute, and show your evidence. The defendant then presents their side. A judge or arbitrator will decide the case. If decided by a judge, you can appeal within 30 days. Arbitrator decisions are final.

Filing Fees

Payment accepted: cash, certified check, money order, or bank check (made payable to "Clerk of the Civil Court"). Personal checks are not accepted.

Courthouse Details