Instructions for Filing a Small Claims Action By Mail

In order to commence a Small Claims action by mail, at least one of the following conditions must apply:

1) You must reside outside of New York City

2) You must be 65 or older with proof of age.

3) You must be disabled with proof of disability.

In addition, you can only be an individual or sole proprietor, not a corporation or any other type of business.

To commence your claim, use form CIV-SC-50. If you don’t have a copy, it may be downloaded at: http://www.nycourts.gov/courts/nyc/smallclaims/forms.shtml

SPECIAL WAGE CLAIM: If you’re claiming for wages only, to a maximum of $300, you may file a wage claim, for which the fee is $5.62 for postage.

If your case has multiple defendants (you believe more than one party is responsible, such as husband and wife), you must completely fill out a separate form for each defendant. However, you will not be charged a fee for the additional defendants. Note: Do not use the OTHER INFO field to add more defendants. Leave it blank except when needed for additional necessary information such as “Attention to” or “Doing business as.”

PAYMENT:

You may pay your claim by Bank Check, Teller’s Check, Certified Check, or Money Order. You may also submit an attorney’s check which indicates “attorney-at-law” or a comparable marking on the preprinted check. Checks should be made payable to “Clerk, Civil Court.” We do not accept non-certified personal or company checks. Do not send cash by mail.

Your hearing will be scheduled for an evening approximately six weeks from the date that we receive your Statement of Claim form. You may request a daytime hearing if you submit proof that you are 65 or older, disabled, or you work evenings. We will also send you an “Instructions to Claimant” form containing your Index Number, Court Date, and time to appear. Be sure not to lose this form, and bring it with you whenever you appear in court. Finally you will receive a “Guide to Small Claims Court.” This booklet may also be downloaded at: http://www.nycourts.gov/courts/nyc/smallclaims/pdfs/smallclaims.pdf

Note: If you do not qualify to send your claim by mail, there are private vendors online through which you may file your claim on the internet for an additional fee. A list of court-approved vendors is located at:

http://www.nycourts.gov/courts/nyc/smallclaims/startingcase.shtml#electronic

MAIL:

1) Your completed and signed SC-50 Statement of Claim form,

2) Your check for payment

3) If needed (see above) a photocopy of your proof of age, disability or nighttime employment.

4) A self addressed 6"x9" envelope with 92 cents postage (3 ounces) to the appropriate Small Claims Court. A list of addresses and phone numbers is at: http://www.nycourts.gov/courts/nyc/smallclaims/locations.shtml

CIV-SC-66 (rev July, 2007)