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Small claims court · How to

Commercial claims in New York: how a business sues for up to $10,000 without a lawyer

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

Corporations, partnerships and associations can't start a small claims case, but in New York City, city courts and the district courts of Nassau and Suffolk they can use the commercial claims part. It works much like small claims: money only, the same dollar limit ($10,000 in New York City, $5,000 in city and district courts), a $25 filing fee plus mailing, and a clerk who mails the notice. A business may file no more than five commercial claims a calendar month and must certify that. Claims against consumers over consumer transactions require a demand letter first.

Read on for the details, the exceptions and the sources.

In plain words

Commercial claim
A small claims-style case brought by a business (corporation, partnership or association) instead of an individual.
Consumer transaction
A deal between the business and a person for personal, family or household purposes.
Certification
A sworn form the business files saying it hasn't brought more than five commercial claims that month.
Principal office
The business's main office.

Where to go

Commercial claims are heard in a commercial claims part of the New York City Civil Court, the city courts and the district courts (Article 18-A of the Civil Court Act, the Uniform City Court Act and the Uniform District Court Act). The Uniform Justice Court Act has no commercial claims article, so town and village courts don't have this part.

The claimant must be a corporation, partnership or association with its principal office in New York State (§ 1801-A(a)); the New York City act's § 1809-A refers to a principal office in the City of New York, so in the city confirm eligibility with the clerk. The defendant must live, work or have an office in the court's area: anywhere in New York City for the Civil Court, the county for a city court, or the court's district for a district court (§ 1801-A).

What documents you need

  • The verified certification, on the court's form, that the business has brought no more than five commercial claims (including this one) in the calendar month (§ 1803-A(a), § 1809-A(c)). Without it, the court must dismiss.
  • The defendant's name and an address in the court's area.
  • A short statement of the claim: what is owed and why.
  • For a claim against a consumer arising from a consumer transaction: a certificate that you mailed a demand letter, on the court's form, at least 10 and no more than 180 days before filing (§ 1803-A(b)).
  • Proof that the person appearing for a corporation is a lawyer or an authorized officer, director or employee (§ 1809-A(d)).

Fees and costs

The filing fee is $25 plus the cost of the clerk's mailings (§ 1803-A(a)–(b)). A defendant who counterclaims pays $5 plus mailing (§ 1803-A(d)). After judgment, the clerk issues information subpoenas at nominal cost (§ 1812-A).

Deadlines

  • Monthly cap: no more than five commercial claims per calendar month (§ 1809-A(c)).
  • Consumer-transaction claims: the demand letter must be mailed at least 10 and no more than 180 days before you file (§ 1803-A(b)).
  • Presumed notice: 21 days after mailing for ordinary commercial claims, 30 days for consumer-transaction claims, if the first-class letter isn't returned (§ 1803-A(a)–(b)).
  • The defendant's counterclaim: within five days of receiving the notice (§ 1803-A(d)). The defendant's request for an evening hearing: within 14 days of receiving the notice (§ 1803-A(a)).
  • General time limits to sue still apply, such as six years for most contract claims (CPLR § 213(2)).

Step by step

  1. Check eligibility

    Confirm the business is a corporation, partnership or association with a New York principal office, the defendant is in the court's area, and the amount is within the limit.

  2. Send a demand letter if required

    For consumer-transaction claims, use the court's demand-letter form, which must state the transaction date, the unpaid amount, the documents behind the debt and a payment history, and warn that you intend to sue (§ 1803-A(b)).

  3. File with the clerk

    File the certification, your statement of claim and the $25 fee plus mailing. If you want an evening hearing, ask when you file (§ 1803-A(a)).

  4. The clerk mails the notice

    Notice goes by first-class and certified mail, return receipt requested (§ 1803-A).

  5. Attend the hearing

    Bring your records and witnesses. The case is heard by a judge or, if both sides agree, an arbitrator, whose award can't be appealed (22 NYCRR § 208.41-a).

What happens next

Hearings follow the same informal approach as small claims: the court aims to do substantial justice according to the law and isn't bound by the formal rules of evidence (§ 1804-A). If the defendant doesn't appear, the clerk mails notice of the default judgment to both sides, including that the defendant may ask the court to vacate it if there was a reasonable excuse (§ 1807-A(b)). A judge's decision can be appealed only on the ground that substantial justice wasn't done (§ 1807-A(a)).

Collection uses the ordinary tools for money judgments; a business sued in a name other than its true name that leaves a judgment unpaid for 35 days can face a new action for the judgment, costs, reasonable attorney's fees and $100 (§ 1813-A).

Figures that change

  • Commercial claim filing fee (plus mailing): $25 (as of 2026-10-30; New York City Civil Court Act)
  • Commercial claims per business per calendar month: 5 (as of 2026-10-30; New York City Civil Court Act)
  • Commercial claims limit — NYC Civil Court: $10,000 (as of 2026-10-30; New York City Civil Court Act)
  • Commercial claims limit — city and district courts: $5,000 (as of 2026-10-30; N.Y. Uniform City Court Act)

Frequently asked questions

Can a debt collector use commercial claims?

No person or business in the business of collecting claims may buy or take an assignment of a claim in order to sue on it in the commercial claims part (§ 1809-A(b)).

I'm a sole proprietor. Do I use small claims or commercial claims?

A sole proprietor is an individual, and the bar on corporations, partnerships and associations in § 1809 doesn't apply to individuals, so small claims is generally available. Ask the clerk if unsure.

What is the limit for commercial claims?

The same as the small claims limit in that court: $10,000 in New York City and $5,000 in city and district courts (§ 1801-A).

Can my employee represent my company?

Yes. A corporation can appear through a lawyer or an authorized officer, director or employee, and that person can bind the corporation in a settlement or trial (§ 1809-A(d)).

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Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.