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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 owed.
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.


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Disclaimer: The information provided in this site is not legal advice, but general information on legal issues commonly encountered in the California Small Claims process. SmallClaimsDepartment.com's Legal Document Service is not a law firm and is not a substitute for the advice of an attorney. SmallClaimsDepartment.com cannot provide legal advice and can only provide self-help services at your specific direction.
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