New York lawyer costs and court fees
Short answer
New York has small claims cases up to $10,000 in NYC Civil Court; $5,000 in City Courts outside NYC; $3,000 in Town and Village Justice Courts, a 3-year personal injury filing deadline, a divorce filing fee of $210. Lawyers in New York bill an average of $426 an hour in Clio's 2025 data. Below are the verified court fees, deadlines, fee-cap rules and free-help options, each linked to its official source.
New York legal costs at a glance
| Small claims limit | $10,000 in NYC Civil Court; $5,000 in City Courts outside NYC; $3,000 in Town and Village Justice Courts (excluding interest and costs)[1][2][3][4][5][6][7] |
|---|---|
| Small claims filing fee | NYC Civil Court and City Courts: $15 for claims of $1,000 or less, $20 for claims over $1,000. Town/Village Courts: $10 for claims of $1,000 or less, $15 for claims over $1,000. Counterclaim: $5 (NYC).[1][2][3][4][5][6][7] |
| Supreme Court (county clerk) civil filing fee | $210 index number fee ($190 under CPLR 8018(a)(1) plus $5 and $15 under 8018(a)(3)). RJI ($95) and note of issue fees under CPLR 8020 are extra.[8] |
| Divorce filing fee | $210 index number fee plus $95 RJI (CPLR 8020) plus note-of-issue/calendar fee[9] |
| Personal injury deadline | 3 years (CPLR 214(5))[10] |
| Attorney fee caps | Medical, dental and podiatric malpractice (Judiciary Law §474-a): 30% of the first $250k, 25% of the next $250k, 20% of the next $500k, 15% of the next $250k, 10% over $1.25M.[11] |
| Average lawyer rate | $426/hour (Clio, 2025 data for New York)[12] |
What lawyers charge in New York
Clio's Legal Trends data puts the average billed rate in New York at $426 per hour, against $349 nationally[12]. That is an average across law firms that use Clio's software, not a quote: rates depend on the practice area, the lawyer's experience and the city.
Illustrative budget at $426/hour (not a quote): a 1-hour consultation ≈ $426; a 5-hour document review ≈ $2,130; a 20-hour contested matter ≈ $8,520, before court fees and expenses. Many lawyers quote flat fees for routine work instead; see hourly vs flat fees.
Small claims court in New York
Small claims cases are heard in the Small Claims Part of NYC Civil Court; City Courts outside NYC; Town and Village Justice Courts. You can ask for up to $10,000 in NYC Civil Court; $5,000 in City Courts outside NYC; $3,000 in Town and Village Justice Courts (excluding interest and costs)[1][2][3][4][5][6][7]. Corporations, partnerships and associations cannot use small claims and must use Commercial Claims, which has the same dollar maximum (CCA §1801-A).
- Filing fee: NYC Civil Court and City Courts: $15 for claims of $1,000 or less, $20 for claims over $1,000. Town/Village Courts: $10 for claims of $1,000 or less, $15 for claims over $1,000. Counterclaim: $5 (NYC).
- Serving the other side: The clerk sends notice by first-class and certified mail; mailing costs are included in or added to the filing fee by statute.
See how New York compares with other states in our 50-state small claims table.
Court filing fees
Supreme Court (county clerk): $210 index number fee ($190 under CPLR 8018(a)(1) plus $5 and $15 under 8018(a)(3)). RJI ($95) and note of issue fees under CPLR 8020 are extra.[8]
Divorce: $210 index number fee plus $95 RJI (CPLR 8020) plus note-of-issue/calendar fee[9] Divorce is filed in Supreme Court. CPLR 8020 lists $125 for a note of issue, or $30 for calendaring where RJI rules apply.
If you cannot afford a filing fee, every state lets you ask the court to waive it; the form is usually called a fee waiver or an application to proceed without paying fees. Our divorce cost guide compares filing fees across states.
Deadlines and attorney fee rules
Personal injury filing deadline: 3 years (CPLR 214(5))[10]. Exceptions exist (for example for minors, government defendants and medical claims), so check with a lawyer before the deadline gets close.
Contingency and fee caps: Medical, dental and podiatric malpractice (Judiciary Law §474-a): 30% of the first $250k, 25% of the next $250k, 20% of the next $500k, 15% of the next $250k, 10% over $1.25M.[11]
If you disagree with a lawyer's bill: the Attorney-Client Fee Dispute Resolution Program (22 NYCRR Part 137) handles fee disputes between clients and lawyers.
Free and low-cost legal help in New York
- Legal aid: LawHelpNY. Programs funded by the Legal Services Corporation generally serve households at or below 125% of the federal poverty guidelines; in 2026 that is $19,950 a year for one person and $41,250 for a family of four in the 48 contiguous states[13].
- Lawyer referral: New York State Bar Association Lawyer Referral and Information Service — Does not cover NYC counties and several others, e.g. Nassau, Suffolk, Westchester, Erie, Monroe..
- Before you hire: read what consultations cost and options if you can't afford a lawyer.
Frequently asked questions
What is the small claims limit in New York?
$10,000 in NYC Civil Court; $5,000 in City Courts outside NYC; $3,000 in Town and Village Justice Courts (excluding interest and costs), in the Small Claims Part of NYC Civil Court; City Courts outside NYC; Town and Village Justice Courts. Corporations, partnerships and associations cannot use small claims and must use Commercial Claims, which has the same dollar maximum (CCA §1801-A).
How much does it cost to file a small claims case in New York?
NYC Civil Court and City Courts: $15 for claims of $1,000 or less, $20 for claims over $1,000. Town/Village Courts: $10 for claims of $1,000 or less, $15 for claims over $1,000. Counterclaim: $5 (NYC). Service of the papers usually costs extra.
How long do I have to file a personal injury lawsuit in New York?
Generally 3 years (CPLR 214(5)). Exceptions apply, so talk to a lawyer well before the deadline.
How much is the divorce filing fee in New York?
$210 index number fee plus $95 RJI (CPLR 8020) plus note-of-issue/calendar fee. Divorce is filed in Supreme Court. CPLR 8020 lists $125 for a note of issue, or $30 for calendaring where RJI rules apply. You can ask the court to waive fees if you cannot afford them.
What can I do if I think my New York lawyer overcharged me?
Ask the lawyer for an itemized bill first. If that does not resolve it, the Attorney-Client Fee Dispute Resolution Program (22 NYCRR Part 137) handles fee disputes between clients and lawyers.
Sources
- NY CCA §1801 (checked October 11, 2026)
- NY CCA §1803 (checked October 11, 2026)
- NY UCCA §1801 (checked October 11, 2026)
- NY UCCA §1803 (checked October 11, 2026)
- NY UJCA §1801 (checked October 11, 2026)
- NY UJCA §1803 (checked October 11, 2026)
- NY CCA §1801-A (checked October 11, 2026)
- NY CPLR 8018 (checked October 11, 2026)
- NY CPLR 8020 (checked October 11, 2026)
- NY CPLR 214 (checked October 11, 2026)
- NY Judiciary Law §474-a (checked October 11, 2026)
- Clio, Compare Lawyer Rates (2025 Legal Trends data) (checked October 11, 2026)
- Federal Register: LSC income guidelines (2026) (checked October 11, 2026)