Small Claims Court is a special court where you can sue for up to $5000. You can only sue for money. You cannot sue to make someone do something or for pain and suffering.
Small Claims Court is sometimes called the People's Court because:
- It is inexpensive and easy to use,
- You do not have to have a lawyer,
- The Court will notify the defendant for you,
- It has convenient hours of operation, and
- The Court can get you an interpreter, if you need one.
If the Court is not able to notify the defendant by mail, the clerk will tell you what to do.
Before you start your case, read these important facts:
For Small Claims you must:
- Be an individual who is 18 or older
- Fill out a court form that explains your claim
- Pay a court fee ($15 – $20)
Corporations, associations, partnerships, and assignees must start a Commercial Small Claim. Partnerships may start a Small Claims case or a Commercial Small Claims case in Suffolk County District Court.
For Commercial Small Claims, you must:
- Be a corporation, association, partnership, or assignee
- Pay a court fee ($25 per claim, plus postage costs)
- Send a demand letter first for consumer transactions
- Limit: You cannot file more than 5 Commercial Small Claims statewide per calendar month.
You must file your Small Claims complaint or Commercial Small Claims complaint where the person you are suing lives, works, or has a place of business. If the defendant lives, works, or has a place of business in Babylon, Brookhaven, Huntington, Islip, or Smithtown in Western Suffolk County, you must use the Suffolk District Court. You may use the District Court location most convenient to you.
Deadline! There are strict deadlines for claims against a municipality, city, or county agency.