These instructions are for use with the Suffolk District Court COMPLAINT FORM (DC-283).
A one-page version of this information is available at the courthouses.
If you are filing a Commercial Small Claim based on a Consumer Transaction (an action against a person (not a business), wherein the money, property or service which is the subject of the transaction is primarily for personal, family or household purpose) :
- send a demand letter (UCS 124/DC-292) to the Defendant by regular first class mail.
- If you get no response from the Defendant after 10 days, you may start your Commercial Small Claim based on a Consumer Credit Transaction. You must file a notarizedCERTIFICATION (UCS 119/DC-293)with the COMPLAINT FORM (DC-283)to start your Commercial Small Claim action.
USE BLACK INK ONLY
The maximum you can sue for Is $5000.
You must be a corporation, partnership, or association that has its principal office in New York State to file a Commercial Small Claim in Suffolk District Court.
- On the form, request Day Court or Night Court.
- Night Court is in Ronkonkoma on certain Wednesdays at 5:30 p.m.
- Day court is in all 5 Civil Division Courts.Contact them as to which days Small Claims are calendared.
- You are the Plaintiff. TYPE or PRINT your TRUE BUSINESS NAME and street address - a PO BOX alone
is not acceptable. - TYPE or PRINT the Defendant’s full name and street address - a PO BOX alone is not acceptable. The
Defendant must reside, work, or have a business address within the five western towns of Suffolk
County. - Check only one cause of action. (If you cannot decide, pick #85.
- TYPE or PRINT the reason you are suing in the area “Briefly state details of your claim.” Do not attach
evidence or additional pages. - TYPE or PRINT the amount you are suing for in the area “Total amount of damages.” The maximum is $5000.
- Sign and date the form in the presence of a Notary or Court Clerk.
FILING FEES
see the FEES page for the fee to "COMMERCIAL CLAIM - File an action". The Filing Fee is determined by the number of mailings the Clerk is required to send to serve the defendants.
FILING YOUR COURT CASE
You may only file 5 Commercial Small Claim Complaints state-wide per calendar month.
Mail or deliver the COMPLAINT FORM (DC-283), CERTIFICATION (UCS 119/DC-293) if one is required, and FILING FEEto the Civil Division Courthouse where you want the claim to be heard.
- If you file by mail, include a SELF-ADDRESSED STAMPED ENVELOPE, and a money order
or check payable to the CLERK OF THE DISTRICT COURT for the correct FILING FEE. Do not mail
cash. The Clerk will return a copy of your COMPLAINT FORM to you with your trial date and index number written on it with your receipt. - If you file in person, call the courthouse and ask when the cashier will be open. You will file the case, choose your trial date from what is available, and you will leave the courthouse with your trial date and index number written on your copy of the COMPLAINT FORM with your receipt.
(If you are a individual see Small Claim complaint form instructions to complete the COMPLAINT FORM)