What the Law Says: Your Rights & Limits

New York law gives freelancers a fast, low-cost path to recover unpaid wages or services through Small Claims Court—but strict rules apply.

Under CPLR § 1801, any individual (including sole proprietors and unincorporated freelancers) may file a claim for up to $10,000 against a person, business, or government entity in New York. This includes unpaid invoices for writing, design, coding, consulting, or other freelance services—provided you have evidence of an agreement (oral or written) and performance. Importantly, NY does not require a written contract for enforceability; oral agreements are legally binding under General Obligations Law § 5-701(a)(1), unless they fall under the Statute of Frauds (e.g., contracts lasting over one year).

The statute of limitations is three years from the date payment was due (CPLR § 214(2)), so for a June 2023 invoice with net-30 terms, you must file by July 2026. Note: Corporations and LLCs *cannot* represent themselves in Small Claims Court—they must hire an attorney, giving solo freelancers a procedural advantage (CPLR § 1804).

How to Take Action: Filing Step-by-Step

Filing is straightforward but requires precision—mistakes can delay or dismiss your case.

First, identify the correct court: File in the Small Claims Part of the NYC Civil Court (if in NYC) or the District Court (Nassau/Suffolk), City Court (other cities), or Town/Village Justice Court (rest of NY)—always where the defendant lives, works, or does business (CPLR § 1802). Next, complete Form SC-100 (‘Small Claim’) online via NYS Courts e-Filing Portal or in person. You’ll need: your full name/address, the client’s accurate legal name (e.g., 'John Smith' or 'ABC Creative LLC', not just 'ABC Creative'), address, claim amount, and a concise statement (≤ 200 words) explaining what you did, when payment was due, and why it’s unpaid.

Pay the filing fee ($15 in NYC and most counties; $20 in some upstate courts) — fee waivers are available if you qualify for public assistance or meet income thresholds under CPLR § 8022. After filing, the court issues a summons served on the defendant—*you* must arrange service (via certified mail, sheriff, or process server) within 120 days (CPLR § 3012-a). The hearing is scheduled automatically, usually 3–6 weeks out. No discovery or motions are allowed—just you, your evidence, and the judge (or arbitrator in NYC).

Practical Tips for Winning Your Case

Judges decide based on credibility and documentation—not legal jargon. Preparation is everything.

Bring *originals or certified copies* of all key evidence: signed contract or email chain confirming scope/deadline/fee; time logs or deliverables (PDFs, GitHub commits, CMS screenshots); invoices marked 'paid' or 'unpaid'; and proof of delivery (read receipts, upload confirmations, dated emails). Text messages and Slack DMs are admissible if properly authenticated (CPLR § 4518). Avoid hearsay—e.g., don’t say 'My colleague told me they approved the work'—instead present the approval email itself.

Practice a clear, 2-minute narrative: 'I completed the logo design per our May 10 email agreement and delivered final files on June 1. Their invoice (Exhibit A) shows $2,500 due June 30. They acknowledged receipt but paid nothing. I followed up three times—see emails dated July 5, 12, and 20.' Dress professionally, arrive 30 minutes early, and never interrupt the judge. If the client doesn’t show, you’ll likely win by default—but you must still prove your damages with evidence (CPLR § 1807).

Common Scenarios & What to Do

Real-world problems require real-world solutions—here’s how NY law handles frequent freelance disputes.

**Client says 'I never agreed to that price'**: Present contemporaneous evidence—e.g., a proposal emailed before work began stating '$1,800 flat fee' and their reply 'Looks good, go ahead.' Under GOL § 5-701, this satisfies the 'memorandum' requirement for enforceability. **Client blames delays on you but paid partial amounts**: Partial payment is strong evidence of contract existence and acceptance of work (UCC § 2-201 commentary applies by analogy). Highlight dates of payments vs. deliverables in your timeline. **Client is an LLC and refuses to appear**: Serve the registered agent (find via NY DOS website) — failure to appear means judgment by default, and you can enforce it against the LLC’s assets (e.g., bank levy via SC-200 form).

If the client counterclaims (e.g., 'the work was defective'), they must file a separate form (SC-200) before the hearing—judges rarely allow surprise defenses. And if you win but aren’t paid? File a 'Judgment Lien' (Form L-1) on their real property or use a 'Restraining Notice' (SC-210) to freeze their bank account—enforcement tools are free and self-service via the court clerk (CPLR §§ 5201–5203).

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