Commercial Small Claims New York LLC

If your business is a corporation, LLC, partnership, or association, you cannot file in the regular Small Claims Part. New York requires these entities to use the Commercial Claims Part — a separate track with its own rules, fees, and mandatory pre-filing steps.

Who Must Use Commercial Claims

The regular Small Claims Part is reserved for individuals and sole proprietors. If your business is organized as any of the following, you must file commercially:

• Corporation (Inc., Corp.)
• Limited Liability Company (LLC)
• Partnership (LP, LLP)
• Association
• Assignee of a claim

Exception: In Nassau County District Court and Western Suffolk County District Court, partnerships are permitted to file either a regular small claim or a commercial claim.

Sole proprietors filing under their personal name (or a registered d/b/a) can use the regular Small Claims Part — no need for the commercial track.

The Mandatory Demand Letter

Before you file a commercial claim against a consumer (a natural person in a personal, family, or household transaction), you must send a pre-suit demand letter using the official Form UCS-124 (or local equivalent DC-292).

The demand letter must be sent by ordinary first-class mail between 10 and 180 days before filing. It must include:

• The nature of the debt
• The exact amount owed
• An accounting of any payments received
• A copy of the original contract or debt instrument

When you file, include the court's required demand-letter certification. NYC's Form CIV-SC-70 has a certification section; Suffolk County uses Form UCS-119/DC-293.

Skip any of these steps and your case gets dismissed.

The 5-Claim Monthly Limit

No commercial claimant may file more than five commercial claims statewide in a single calendar month. This applies across all courts in New York — not five per court, five total.

Each filing requires a certification that you have not exceeded the monthly cap. For example, NYC's Form CIV-SC-70 and Suffolk County's Form DC-283 include this certification. Filing a false certification carries consequences.

This restriction exists to prevent collection agencies and high-volume commercial filers from overwhelming the informal small claims docket.

Filing Fees and Monetary Limits

Commercial claims cost $25 per filing plus postage — more than the $15–$20 regular small claims fee.

The monetary cap matches the regular small claims limit for the court you're in:

• NYC Civil Court: $10,000
• City Courts: $5,000
• District Courts: $5,000

Town and Village Justice Courts do not have a Commercial Claims Part. If your defendant is located in a town or village without a City or District Court, you may need to file in a different court or pursue regular civil action.

How to File

1. Send the demand letter (Form UCS-124) by first-class mail at least 10 days before filing
2. Search the NYS DOS database if suing a business to confirm the correct legal entity name
3. Complete the Statement of Claim — NYC uses Form CIV-SC-70 for commercial claims
4. File with the Small Claims Clerk's Office, in person or by mail where permitted, with the completed claim form, required certifications, and the $25 filing fee plus postage
5. The clerk mails service via certified mail, same as regular small claims

The hearing follows the same informal format as regular small claims — present your evidence, the defendant responds, and the judge or arbitrator decides.

Key Differences from Regular Small Claims

Our Filing a Small Claims Case in New York guide covers both regular and commercial claims procedures, with demand letter worksheets, the UCS-124 form walkthrough, and filing checklists tailored to business filers.

See more New York guides →