Rules Specifically for Claims of Corporations, Partnerships and Associations
A corporation, partnership or association with a claim for money damages of up to $5,000 may bring a suit in the Commercial Small Claims Part of the New York City Civil Court. Special court rules apply to these cases. Information on court rules is available by visiting the NY State Unified Court System website at www.nycourts.gov.
You do not need a lawyer to bring a commercial small claim, but you may hire one if you want. If you are a partnership, then any of the partners may represent the partnership. If you are a corporation, then any employee who is authorized to represent the corporation may do so. If the small claim of the corporation (or partnership or association) is against an individual and the claim is based on a consumer transaction – a transaction where the money, property or service at issue is primarily for personal, family or household purposes – the corporation/partnership/association Claimant must send a demand letter to the Defendant at least 10 and no more than 180 days before it starts the lawsuit. You must also certify that you sent the demand letter. Demand form letters and certifications are available from the court clerk.
To sue a Defendant in the New York City Commercial Small Claims Court, the Defendant must reside, work or have a place of business in New York City.
You cannot file more than 5 (five) commercial small claims statewide per calendar month.
There is a $25 filing fee for Commercial Small Claims, plus postage costs for mailing the notice of claim to the Defendant. A Commercial Small Claims Claimant must also file a verification that they have not exceeded the five case limit, and if the claim is based on a consumer transaction, the Commercial Small Claims Claimant must certify that a demand letter was sent.