New York · Moving company damage or loss

Moving company damage or loss in New York small claims

Mover damaged or lost your belongings? Recover in small claims.

When a moving company damages furniture, breaks valuables, or loses boxes during a move, small claims court is often the most practical way to recover the cost of the damaged or missing items. Your claim rests on proving what the mover contracted to transport, what was damaged or lost, and its value. The moving contract and a careful inventory of what was missing or broken at delivery are your most important evidence.

In New York, small-claims cases are heard in the Small Claims Court (the small claims part of the local civil court) and you can sue for up to $10,000 (in New York City; $5,000 in district and city courts; $3,000 in town and village justice courts).

Good to know: New York has no single statewide "small claims court." Small claims are a special part of different courts depending on location: the NYC Civil Court (in the five NYC boroughs, limit $10,000), the District Courts (Nassau and western Suffolk, $5,000), City Courts ($5,000), and Town and Village Justice Courts ($3,000). Each has the same general small-claims procedure but different dollar limits and forms. The detailed steps, fees, and form codes below are for New York City (NYC Civil Court); procedures outside NYC are similar but use that court's local forms.

Moving company damage or loss: steps that matter

1. Keep your moving contract, estimate, and bill of lading, and note any inventory forms the mover provided.
2. Document all damage immediately at delivery — photos, a written list, and the mover's own delivery receipt if they made one.
3. File a formal written claim with the moving company first, noting their deadline for response (often specified in your contract).
4. If the company does not resolve the claim, send a demand letter stating the total amount sought and keep proof you sent it.
5. File in the court for the county where the moving company is located or where delivery occurred.

Filing your Statement of Claim (in NYC, form CIV-SC-50) in New York

1. Confirm you can sue and pick the right county. Only an individual age 18+ can be a small-claims claimant (a parent/guardian sues for a minor); corporations, partnerships, associations and assignees cannot sue (they must use Commercial Claims). In general you sue in the county where either party resides; in NYC, if no party resides in the City, you may sue where a party works or has a business address.
2. Fill out the Statement of Claim at the Clerk's office. Go to the Small Claims Court Clerk's office in the proper county and fill out a Statement of Claim (NYC form CIV-SC-50). You must be able to explain the reason for the suit, know the amount claimed, and have the correct name and address (including zip code) of the person or business being sued. (Non-NYC residents suing an NYC resident may instead file by mail using the Instructions for Filing / CIV-SC-66.)
3. Pay the filing fee. In NYC, pay $15.00 if the claim is up to and including $1,000, or $20.00 if the claim is over $1,000 and up to $10,000. Payment must be cash, certified check, money order, or bank check payable to 'Clerk of the Civil Court' (no personal checks). If you cannot afford the fee, ask the clerk about the Fee Waiver / Poor Person's Relief form (CIV-GP-15).
4. Get a hearing date; the clerk serves the defendant. The clerk gives you a hearing date (NYC hearings are usually at 6:30 p.m.; daytime hearings can be requested by seniors, disabled persons, or night workers with proof). The clerk then mails the notice of claim to the defendant by certified mail and by ordinary first-class mail.
5. Prepare your evidence for the hearing. Before the hearing, gather evidence supporting your claim (e.g., a written agreement, itemized bills or invoices marked 'paid,' receipts, at least two itemized written repair/service estimates, canceled checks, photographs, damaged items, letters). Arrange any witnesses, and use a subpoena if a witness or records will not appear voluntarily.

Filing fees: Filing and service fees are set locally and vary; confirm the current amount with the court. A fee waiver is available if you cannot afford the costs.

Deadline that applies to your moving company damage or loss

A moving company claim can be framed as a contract claim (the mover was paid to transport goods safely and did not) or as a property damage claim (the mover damaged or lost your property). The applicable statute of limitations may depend on which theory you use; some states also have specific carrier liability rules. Confirm which deadline applies to your situation with the court.

Written contract: 6 years (CPLR 213(2))

Answering a lawsuit: There is no formal written 'answer' in NY Small Claims Court. After filing, the clerk serves the defendant a notice of claim stating when to appear; the case is decided at the hearing on the assigned date. (A defendant may file a counterclaim, and a small-claims case will not go to trial until the defendant has been served.)

Serving the defendant: The court clerk serves the defendant; the claimant does not. The clerk mails the notice of claim by certified mail and by ordinary first-class mail. If the first-class notice is not returned by the post office as undeliverable within 21 days, the defendant is presumed to have received notice. If mail cannot be delivered, the court gives a new hearing date and arranges personal delivery, which must be done by someone 18+ who is not a party (never by the claimant). If the defendant cannot be served within 4 months after filing, the claim is dismissed (it can be refiled later).

Appeals: An appeal can be taken only from a Judge's order or judgment (arbitrator/referee decisions, settlements, and defaults are not appealable). File a Notice of Appeal (NYC form CIV-GP-67A), have a non-party 18+ serve a copy on the opponent, file the original with an Affidavit of Service, and pay the appeal fee. The appeal must be filed within 30 days from service of the judgment or order plus written notice of its entry (no time limit if a copy of the judgment/order was never served). The appeal is a review by the Appellate Term of the Supreme Court (not a new trial); an appeal does not by itself stay enforcement of the judgment.

All New York small-claims deadlines

The table below lists the filing deadlines Small Claims Court (the small claims part of the local civil court) applies by claim category. Confirm the exact rule that applies to your moving company damage or loss claim with your court before relying on any figure.

New York small-claims forms for your moving company damage or loss case

These forms are published by the Small Claims Court (the small claims part of the local civil court). Download and complete them before filing.

• Statement of Claim (Small Claims) - CIV-SC-50: The form that starts a small-claims case in NYC Civil Court (the initial 'complaint').
• Fee Waiver / Poor Person's Relief - CIV-GP-15: Application to waive court fees for filers who cannot afford them.
• Notice of Appeal - CIV-GP-67A: Form used to start an appeal of a small-claims judgment or order (cannot be used after arbitration).
• Instructions for Filing a Small Claims / Commercial Claims Action - CIV-SC-66: Official filing instructions, used by non-NYC residents filing by mail against NYC residents.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: NY Courts CourtHelp: Small Claims (overview and limits). Last reviewed 2026-06-23.