If you are an individual, see Small Claim complaint form instructions to complete the Complaint Form.

Overview

These instructions are for use with the Complaint Form (DC-283).

A one-page version of this information is available at the courthouses.

Who can file a Commercial Small Claim

All of the following must be true:

  • You are suing for $5,000 or less.
  • You are a corporation, partnership, or association with your main office in New York State.
  • The person or business you are suing lives, works, or does business in one of the five western towns of Suffolk County.

Before You File a Commercial Small Claim Based on a Consumer Credit Transaction

If you are suing a customer and the money, property, or service involved was mainly for personal, family, or household use, you must do the following before you file:

  • Send a demand letter (Form UCS -124 / DC‑292) to the Defendant by regular First‑Class mail.
  • If the Defendant does not respond within 10 days, you may file your Commercial Small Claim.
  • When you file, you must include a Certification (Form UCS -119 / DC‑293) with your Complaint Form (DC‑283).

How to Fill Out the Commercial Small Claims Form

  • Use black ink only. Type or block‑print clearly.
  • Choose Day Court or Night Court on the form.
  • You are the Plaintiff. Write your TRUE BUSINESS NAME and street address
    • A PO BOX alone is not acceptable.
  • Write the Defendant’s full name and street address
    • A PO BOX alone is not acceptable.
    • The Defendant's address must be within the five western towns of Suffolk County.
  • Check only one cause of action.
    • If you are unsure, choose #85.
  • In the box labeled “Briefly state details of your claim,” write the reason you are suing.
    • Do not attach evidence or extra pages.
  • In the box labeled “Total amount of damages,” write the amount you are suing for.
    • The maximum is $5,000.
  • Write "I affirm this is true under penalties of perjury" and sign and date the form, or sign it in front of a Notary or a Court Clerk. Include your title which gives you the authority to file the case. A partner, officer, director, or authorized employee may represent the plaintiff / claimant.

Filing Fees

Please refer to 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 Fee to the Civil Division Courthouse where you want the claim to be heard.

Filing Methods

  • Include a self-addressed stamped envelope
  • Include a money order payable to the Clerk of the District Court for the correct Filing Fee
    • No personal checks
    • 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

Call the courthouse and ask when the cashier will be open. Have cash, a money order or certified check payable to the Clerk of the District Court, or a credit card with photo ID for the correct Filing Fee

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.