BIZREFUND guide
New York small claims court: limit and fee
A refund request that a company refuses can end in small claims court. This page gives the New York facts a letter writer needs before deciding anything: the limit, the court, the fee, the rule on asking first, and where to complain. Each fact names its official source and the date it was checked.
The limit
In New York, the general small claims limit is USD 10,000. The limit depends on the court: USD 10,000 in New York City Civil Court, USD 5,000 in City Courts (and in Nassau and western Suffolk), USD 3,000 in Town and Village Courts; a business cannot file a small claim and files a commercial claim instead.
Which court
Small claims cases in New York are heard in the Small Claims Court. A part of the local court: the New York City Civil Court, a City Court, or a Town or Village Court. The court's own page, linked below, explains where to file and what the forms are called.
Filing fee range
The filing fee runs from USD 10 to USD 20, depending on the amount you claim. USD 15 or USD 20 in City Courts and in New York City, USD 10 or USD 15 in Town and Village Courts, by the amount claimed.
Before you file
The court does not require a request before you file. A dated letter still shows the court that you asked. The official guide lists no request before filing for an individual's small claim; a demand letter sent 10 to 180 days before filing is required only for a commercial claim about a consumer transaction.
Your state's consumer law
The main consumer protection law in New York is the General Business Law section 349, unfair, deceptive or abusive acts and practices (N.Y. Gen. Bus. Law ยง 349). A letter can name it; what it covers in your case is a question for the statute itself or a lawyer.
Where to complain
The New York attorney general takes consumer complaints through its own page, linked below. A complaint there is a report that the office keeps and can act on; it is not a claim for your money.
E-filing
Filing is on paper at the courthouse. The court's page explains where to take it.
Worked example
Example: a USD 850 refund that a store in New York refused is under the USD 10,000 limit, so it is the size of claim the Small Claims Court hears. The filing fee for it would fall between USD 10 and USD 20. The letter from the refund desk is the written request that comes first, and the timeline log is the record you bring.
Sources
- Small claims limit
- Filing fee
- The court
- Asking first
- Consumer law
- New York attorney general: consumer complaint
- Online filing
Checked on 2026-10-11 against the sources above. Limits and fees change; confirm on the court's own page before you file.
Not legal advice and not a law firm. This page says what the court and the rule are, not whether you should file.
Common questions
What if my claim is over the limit?
Then small claims is not the court for the whole amount. People sometimes claim only up to the limit and give up the rest, or use a different court. Which is right for you is not something this page can say.
Do I have to send a letter before I file?
In New York, no request is required first, by the official pages read for this guide. A dated letter with the evidence attached is the record either way.
Is this page legal advice?
No. It lists what the court and the rule are, with the official source for each fact and the date it was checked. It does not judge your case or tell you to file.