|Commercial/Consumer Small Claims- New York
|What are commercial small claims?
Any money claim by a corporation, partnership, or association for
up to $5,000 is a commercial small claim. You cannot sue to make
someone do something or for pain and suffering.
Here are some examples of commercial small claims:
||You are a corporation and you have a contract to sell
bananas to Joe’s grocery store. You deliver the bananas,
but Joe does not pay. You can sue for the money you are
||You are a homeowner’s association and you hire Ernie’s
lawn company for landscaping. You pay half the money
owed up front. The landscaping is done poorly. You can
sue for your money back.
If your claim is against an individual, not a business, and the claim
is about goods or services that were mainly for personal, family or
household use, the commercial small claim is a "consumer
transaction." You must follow these special rules:
1. You must send the defendant a demand letter before you file
your commercial small claim. Do this at least 10 days (but
not more than 180 days) before you file your claim.
2. You must certify that you sent a demand letter.
|Here is an example of a consumer transaction claim:
||You are a corporation and you sell a dining room set to
Rochelle. She does not pay you for the furniture. Your claim
can ask for the money you are owed.
|Who can file a commercial small claims case?
Any corporation, partnership, or association that has its principal
office in New York State, or an assignee of any commercial claim,
may file a commercial small claim* for up to $5,000.
||"Corporation" includes: municipal corporations and public benefit corporations.