Sued in New York Small Claims Court?
What to do if you've been served with a small claims summons in New York — how to respond, defend yourself, countersue, and appeal.
Being sued in small claims court can feel overwhelming — but New York's process is designed for everyday people, not lawyers. Most cases are resolved in a single hearing lasting 15–30 minutes. This guide walks you through every step from receiving the summons to the hearing, and explains your options if you lose.
Never ignore a small claims summons
If you don't appear, the judge will enter a default judgment against you — meaning the plaintiff wins automatically without presenting any evidence. You then owe the full amount plus interest.Step-by-Step: What to Do as a Defendant
Read the summons carefully
Your summons will state the claim amount, the plaintiff's name, and your hearing date. Note the date, time, and courthouse location. In New York, the small claims court is the Small Claims Court.
Don't ignore it — respond or appear
You generally don't need to file a written response in New York small claims — you just need to appear at the hearing. However, if you plan to file a counterclaim, do that in advance. Ignoring the summons results in a default judgment against you.
Gather your evidence
Collect everything that supports your version of events: contracts, receipts, invoices, text messages, emails, photos, bank statements, and any written communications. Organize them chronologically and make 3 copies — for the judge, the plaintiff, and yourself.
Consider filing a counterclaim
File a counterclaim at or before the hearing. New York's limit is $10,000 (NYC) or $5,000 (outside NYC). A counterclaim lets you seek money from the plaintiff in the same hearing, which can be a powerful negotiating tool.
Know the rules on attorneys
Attorneys are permitted in New York Small Claims Court, but cases are heard informally. Even if attorneys are allowed, most defendants represent themselves in small claims court.
Attend the hearing and present your defense
Be on time. When it's your turn, calmly present your evidence and explain why you don't owe what the plaintiff is claiming. Stick to facts — judges have little patience for emotional arguments. Keep your statements focused on the specific dispute.
Appeal within 30 days if you lose
If judgment is entered against you, you have 30 days to file an appeal with the Appellate Term (NYC) or County Court. Appeals in most states require a filing fee and result in a new trial (de novo). Act quickly — missing this deadline means the judgment becomes final.
Evidence Checklist for Defendants
New York-Specific Tips for Defendants
New York limits wage garnishment to 10% of gross income — one of the weakest collection tools available to plaintiffs.
New York's homestead exemption ranges from $89,975 to $179,975 depending on county — know your local exemption amount.
New York small claims court is intentionally informal — you present your side in plain language, no legal jargon required.
What Happens If You Lose
Need Help Preparing Your Response?
If the plaintiff's claim has merit, you may need to file a formal response or counterclaim. LegalZoom can help you prepare legal response documents — reviewed by attorneys.