Commercial Claims and Consumer Transactions
In General
Commercial Claims
Consumer Transactions
A corporation, partnership or association may sue in commercial claims for up to $10,000 without an attorney. A claimant in this court may begin no more than five actions per month. The principal office of the claimant must be within the State of New York.
If the defendant is a business, the claim will be heard as a commercial claim. If the defendant is an individual and the goods or services were for personal use, the claim will be heard as a consumer transaction. You may read the appropriate section below. For additional information, you may read the Smaill Claims Booklet. Or you may go to Civil Court Act Section 1803-A to read the law on Commercial and Consumer claims.
To begin an action as a commercial claim, a person representing a corporation, partnership or association must come to the commercial claims office and fill out a statement of claim. Click on Locations to find out where to go. Click on Court Fees to find out the cost of beginning an action.
The person filling out the statement of claim must be able to explain the reason for the action, the amount of the claim, and have the correct name and address, including zip code, of the person or business being sued. The person must be able to certify that no more than five claims have been started by the organization within one calendar month.
A consumer transaction is a transaction between a commercial claimant and a person where the subject of the transaction is primarily for personal, family or household use.
To begin an action as a consumer transaction, the claimant must send a demand letter to the defendant demanding payment of the outstanding amount, along with a copy of the original debt instrument and an accounting of all payments received. Click on Demand Letter to view the form for this letter, or ask the clerk for a copy. This letter must be sent at least ten days, but not more than 180 days, before beginning the case.
At least ten days after mailing the demand letter the corporation, partnership or association must come to the commercial claims office and fill out a statement of claim. Click on Locations, to find out where to go. Click on Court Fees to find out the cost of beginning an action.
The person filling out the statement of claim must be able to explain the reason for the lawsuit, the amount of the claim, and have the correct name and address, including zip code, of the person being sued. The person must also be able to certify that no more than five claims have been started within one calendar month and that the demand letter was mailed.
