WHAT IS THE COMMERCIAL CLAIMS COURT?

The commercial Claims Court is an informal court where corporations, partnerships and associations can sue for money only, up to $5000, without a lawyer. Your lawsuit can be only for money.

WHO CAN USE COMMERCIAL CLAIMS/CONSUMER TRANSACTION?

Any Corporation, including a municipal corporation or public benefit corporation, partnership or association which has its principal office in the State of New York, or an assignee of any commercial claim, may file a claim. A corporation, partnership, or association may not bring more than five commercial claims actions or proceedings per calendar month anywhere in the State. If you choose, you may be represented by an attorney at your own expense.

GEOGRAPHIC JURISDICTION:

The Claimant must have a principle office in the State of New York. The Defendant must reside or have an office for the transaction of business or regular employment within the County.

MONETARY JURISDICTION:

Up to $5,000.00 (exclusive of interest and costs) - for money damages only.

NECESSARY PARTIES:

If a party will be inequitably affected by a judgment rendered by a Court (that is, his/her right to litigate a claim or recover damages against a named defendant could be determined by the case being heard), that person must be named as a claimant/plaintiff in the case. If such a person refuses to join the case as a plaintiff, then he/she may be named as a defendant (CPLR sec. 1101[a]). 

REQUIRED FORMS in COMMERCIAL CLAIMS:

APPLICATION TO FILE A CLAIM:

The claimant must file with the Court an application to file a claim. This form may be obtained from the Clerk of the Court or on this web site.

CERTIFICATION ON LIMITATION OF COMMERCIAL CLAIM / CONSUMER TRANSACTION FILINGS:

The Claimant may file up to five (5) claims per calendar month. You will be required to file a verification that no more than five (5) commercial claims have been instituted by you anywhere in New York State during the calendar month. A verification form can be obtained from the Clerk of the City Court.

DEMAND LETTER CERTIFICATION (required in Consumer Transaction cases only):

The Claimant MUST file with the Court a certification attesting that a Demand Letter has been sent to the Defendant not less than 10 days nor more than 180 days from the time of the filing of the action in Commercial Claims Court. The Certification Form and a sample of a Demand Letter can be obtained from the City Court Clerk's office.

COUNTERCLAIMS:

If you have been named as a defendant in a small claim/commercial claim/consumer transaction and have a claim against the claimant, you may bring a "counterclaim" as part of the lawsuit, for money only, up to $5,000. You should file your own Small Claim/Commercial Claim application with the Court with the filing fee (Claims can NOT be submitted via the Internet). You must inform the Court that you are filing a counterclaim The Court will also need the case name and docket number of the case to which you are filing a counterclaim. You must be prepared to prove the counterclaim on the day you go to Court.

A counterclaim should be filed within 5 days of your receipt of the summons and notice of claim. However, if you file a counterclaim after the 5 days has elapsed, the claimant in the initial proceeding may request an adjournment of the hearing date. The Court must grant the adjournment request.

If you are a corporation, partnership or association filing a counterclaim, you must submit to the Court a Certification of Authority which can be obtained from the City Court or on this web site.

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