Small Claims & Commercial Small Claims in:

Your Guide to

Small Claims &

Commercial Small

Claims in:

y New York City

y Nassau County

y Suffolk County

This Guide shows you how to:

y Start your case

y File a commercial claim

y Collect a judgment

y Contact government agencies

y Find the right court for your

small claim

Jonathan Lippman, Chief Judge

Ann Pfau, Chief Administrative Judge

Hon. Fern A. Fisher, Director, New York State Courts Access to Justice Program

Joseph A. J. Gebbia, Executive Director of the Small Claims Arbitrators Association

Table of Contents

What is Small Claims Court?...................................................... 1

Who can use Small Claims Court? .......................................... 2

How do I start my small claims case?...................................... 4

Can the person I am suing sue me?........................................ 6

Who tells the person I am suing about my claim? ................... 7

Can I postpone my trial?.......................................................... 8

Which Small Claims Court do I use? ....................................... 9

Special rules for suing a public agency or city....................... 10

How do I get ready for my trial?............................................... 11

Can I have witnesses at my trial? .........................................11

Can the defendant and I agree to settle

our case before the trial?....................................................... 12

What do I do on the day of my trial? .....................................13

Who will decide my case?...................................................... 13

What is an arbitrator? ............................................................14

What happens during my trial?.............................................. 15

What happens if one side does not go to the trial?................ 16

What if I do not agree with the judge’s decision?................... 16

How do I get my money if I win? .............................................. 18

How do I find out about the judgment debtor’s

money and property?............................................................. 20

Commercial Small Claims.........................................................23

Special rules for consumer transaction cases .......................25

Resources

Government Agencies That May Help When

Collecting Your Judgment...................................................... 27

County Clerk Offices.............................................................. 29

Enforcement Officers & Police Department ........................... 30

Small Claims Court Locations & Hours.............................31-33

Special Rules for Eastern Suffolk County.............................. 34

What is Small Claims Court?

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

District Court in Nassau County or Western Suffolk County. See below.

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

You cannot file more than 5 commercial claims statewide per

calendar month.

Deadline! There are strict deadlines for claims against a

municipality, city, or county agency. See page 10.

There are special rules if you have a small claims case in

East Hampton, Riverhead, Shelter Island,

Southampton, or Southold. See 34.

Who can use Small Claims Court?

If you have a small claims case in Eastern Suffolk County, read

pages 1-22 of this booklet and page 34.

Who can use Small Claims Court?

Any person who is 18 or older can sue in Small Claims Court. If

you are under 18, your parent or guardian can sue for you.

Can I sue for more than $5000 in Small Claims Court?

No. If your claim is for more than $5000, you must start a civil

case. You cannot split your claim into smaller claims to get around

the limit.

Can partnerships start a small claims case?

In New York City, partnerships can only start a commercial small

claims case.

In Western Suffolk County or Nassau District Court, partnerships

can start a small claims case or a commercial small claims case.

See page 9 to know which court to use.

Can corporations and associations start a small claims

case?

Corporations, associations, and assignees cannot start a small

claims case. They must start a commercial small claims case. See

page 23.

Do I need a lawyer to sue in Small Claims Court?

You do not need a lawyer to sue in Small Claims Court. But you

may have one, if you want to. The other side may also have a

lawyer.

What if I don’t speak English well?

If you need an interpreter, tell the Small Claims Court Clerk when

you file your claim. The clerk will assign an “official” interpreter to

your trial if a party or witness needs one.

What if someone sues me, but I am not the

responsible person?

Ask the Small Claims Court Clerk for information about a “third-

party action.” You may be able to have the responsible person

added to your case.

Can I sue on behalf of someone else?

Unless you are the parent or guardian suing on behalf of your

child, probably not. For example, if you had an accident in a

borrowed car, the registered owner of the car can sue, but you

cannot sue for damages to the car.

If you sue in Small Claims Court:

• You are the claimant or plaintiff.

• The person or business you sue is the defendant.

How do I start my small claims case?

You or someone else may start your case by filling out a court

form. You may file by mail if you have a small claims case in

Western Suffolk County or if you live outside New York City and

you want to sue a party within New York City. The form describes

your claim to the Court.

Where do I get the court form?

You can get the form from the Court Clerk in your county.

For Western Suffolk County and New York City, you can also get

the form from the Internet:

• Western Suffolk County:

www.nycourts.gov/courts/10jd/suffolk/dist/pdf/DC-

283web.pdf

• New York City: www.nycourts.gov/courts/nyc/civil/forms/CIV-

SC-50.pdf

• In Nassau County, the form is not yet available online.

What information will I need to fill out the form?

You will need the correct name and street address of each

defendant and claimant. You cannot use a P.O. Box.

What if I do not have the defendant’s correct,

legal name?

You can still start your case. You can use any name that the

business or person operating the business uses. But once you get

the correct information, give it to the Court Clerk. (If you do not

provide the correct information, it will be very hard for you to

collect your money judgment, if you win.)

For information about e-filing in New York City, go to:

nycourts.gov/courts/nyc/smallclaims/startingcase.shtml.

There is a fee for this service.

To find the correct, legal name of a business, contact the County

Clerk’s Office in the county where the business is located. See

page 29 for County Clerks’ contact information.

What do I do with my

completed form?

File it (or ask someone to file it for you)

at the Small Claims Court Clerk’s Office.

If you are filing the form by mail in

Western Suffolk County you must sign it

in front of a notary first. See pages 31-34 for Small Claims Court

Locations & Hours.

Do I have to pay to file my claim?

Yes. You must pay a court fee (cash or money order). Nassau

and Western Suffolk County accept credit cards in the courthouse.

Western Suffolk County accepts personal checks. Checks and

money orders should be made payable to “The Clerk of the

Court.” The fee to sue in Small Claims Court is:

• $15 for claims up to $1000, and

• $20 for claims over $1000.

Is there another way to solve my problem without going

to Court?

Yes. Every county in the state of New York has a community

dispute resolution center that offers mediation for free.

You can find the location of a community dispute resolution center

near you:

• In the phonebook,

• At the Small Claims Court Clerk’s Office, or

• At: www.nycourts.gov/ip/adr/ProgramList.shtml

Can the person I am suing sue me?

Yes! If the person you are suing (the defendant) wants to sue you,

s/he may file a small claims counterclaim against you.

In Small Claims Court, a counterclaim can only be for money, and

the limit is $5000. The defendant will have to pay a $5 filing fee

plus the cost of mailing to file a counterclaim.

How will I know if the defendant files a counterclaim?

The Court will send you a notice or you will be told on the trial

date. If the defendant files a counterclaim, s/he must do so:

• Within 5 days of getting the notice of your claim, or

• On the day of the trial.

If the defendant sues me, will my case be postponed?

If the defendant files the counterclaim on the day of the trial, you

may ask the judge to postpone the case so you can have time to

prepare. Sometimes judges will postpone the trial even if you do

not ask for it.

But if you received notice of the counterclaim before the date of

your trial, you must be ready to present your claim and defend

against the counterclaim on the date of your trial.

Who tells the person I am suing about

my claim?

Who tells the person I am suing about my claim?

After you file your claim, the Small Claims Court Clerk will serve

the defendant a notice by mail. If the defendant cannot be served

by mail, the clerk will tell you what to do.

Service of the notice lets the defendant know about your claim.

It tells the defendant:

• What the claim is about,

• How much money you are asking for, and

• The date of your Small Claims Court trial.

How do I know if the defendant was served?

The clerk will mail the defendant two copies of the notice:

• One by regular, first-class mail, and

• The other by certified mail.

If the Post Office does not return the notice that was sent by regular

mail to the clerk’s office within 21 days (30 days for consumer

transaction cases), the Court considers the defendant to have been

served – even if the notice sent by certified mail was not delivered.

What if the Post Office was not able to deliver

either notice?

If neither notice could be delivered, the clerk will:

• Tell you how to have the defendant served, and

• Give you a new date and time for your trial.

How do I have the defendant served?

Someone who is 18 or older

– not you or anyone else involved in

this case – can serve the notice. The

Clerk will give you instructions. You can

also hire a process server.

If 4 months go by after you first file your

claim, and you have not been able to

personally serve the defendant, the Court will dismiss your case.

Later, if you find out about the defendant’s location, you can file

your claim again.

Important! You cannot have a trial if the defendant was

not served.

Can I postpone my trial?

You can ask the Court to postpone your trial, but unless you have

a good reason, the Court may not agree.

How do I ask to postpone my trial?

Send a letter to the Court and the other side asking to postpone

(adjourn) your trial. You cannot ask for a postponement by phone.

You (or someone who can speak for you) should go to the Small

Claims Court on the date of your trial and explain to the Court why

you need a postponement.

If you or someone else on your behalf can not come to Court on

the trial date, the Court will read your letter, but may not postpone

the case and your case may be dismissed. If you are the

defendant, the Court may hear your case even if you are not

there. If the Court postpones the case, you will be notified of the

new trial date.

Which Small Claims Court do I use?

If the defendant lives, works, or has a place of business in New

York City, you can use the Small Claims Court in:

• The New York City County where you live,

• The New York City County where the defendant lives or

works, or has a place of business.

If the defendant does not live or work or have a place of business

in New York City, you cannot file a small claim in New York City.

If the defendant lives in New York City, but you do not, contact the

Small Claims Clerk in the county where the defendant lives, works

or has a place of business. Ask the clerk how to file by mail.

If the defendant lives, works, or has a place of business in

Nassau County, you must use the Small Claims Court listed

on page 32, Small Claims Court Locations & Hours, to know

which court you must use.

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 Small Claims

Court listed on pages 33, Small Claims Court Locations &

Hours, to know which court you must use.

If the defendant lives, works, or has a place of business in

East Hampton, Riverhead, Shelter Island, Southampton, or

Southold in Eastern Suffolk County, you must use the Small

Claims Court listed on pages 34. There are special rules for

small claims cases in Eastern Suffolk County.

Where are the Small Claims Courts?

The addresses, telephone numbers, and hours are listed on

pages 31-34, Small Claims Court Locations & Hours.

Special rules for suing a public agency,

city, town or village

Can I sue a public agency in Small Claims Court?

You can use the small

claims courts to sue a:

• town,

• village,

• city, or

• county agency.

Do I have to tell the

agency that I plan to sue them?

Yes! By law, you have only 90 days to notify the agency. Start

counting from the day you were injured or your items were

damaged. You cannot sue unless you notify the agency.

What if I miss the 90-day deadline?

The Court may dismiss your case, even if you are only 1 day late.

How do I notify the agency?

Get the notice form from the agency you are suing. Fill it out. The

agency will give you a claim number. In New York City, the Small

Claims Clerk can give you addresses for all New York City

agencies.

What do I do after I notify the agency?

The agency may:

• Make you an offer to settle your claim,

• Deny (refuse to pay) your claim, or

• May not respond.

After 30 days, you may file start your case in Small Claims Court.

Deadline! You have 1 year + 90 days to file (or 1 year + 30 days if

you are suing the MTA). Start counting from the date you were

injured or your items were damaged.

You cannot sue the federal

government or a state agency in

Small Claims Court. Sue a state

agency in the Court of Claims:

www.nyscourtofclaims.state.ny.u

s/index.shtml

How do I get ready for my trial?

Before your trial, organize all your evidence that supports your

claim, including:

• Photos, written agreements, letters, or other documents,

• Itemized bills, canceled checks, receipts or invoices marked

PAID, damaged items, etc.

If you are asking for money for repairs or service, you must get

two different itemized written estimates.

Can I have witnesses at my trial?

Yes. You can have witnesses at your trial. A witness can be:

• You,

• Someone who knows something about your claim, or

• Someone with a lot of knowledge or experience with the

reason for your claim. (This is called an expert witness.)

Before speaking to the Court (testifying), all witnesses must first

swear to tell the truth.

Do I need an expert witness to testify at my trial?

If the reason for your claim requires expert knowledge to

understand, it’s a good idea to have an expert witness. For

example, if your claim is about medical care, you will need a

doctor with expert knowledge of your type of claim. That doctor

must be willing to testify at your trial. In most cases, you must pay

an expert witness to testify. You cannot use a subpoena to make

an expert witness testify.

What if a witness does not want to testify or give me

records?

You can ask the Small Claims Court Clerk for a subpoena. A

subpoena is a court order that can order your witness to:

• Send documents or records to the Court, or

• Go to your trial to testify.

The Small Claims Court Clerk will help you fill out a subpoena.

Who gives (serves) the witness the subpoena?

You must arrange for the witness to be served the subpoena. The

server can be a friend or relative who is 18 or older. Neither you

nor anyone else involved in this case can be the server.

Do I have to pay the witness?

The witness has the right to receive a $15 witness fee, which

must be paid when the subpoena is served. You must pay the

witness fees, and in some cases, you may have to pay travel

expenses, too.

Is there a deadline to serve a subpoena?

The subpoena must be served before the trial date. You should

give the witness a “reasonable” amount of time to prepare for the

trial and/or to produce the items listed on the subpoena.

Reasonable usually means 5 or more days before the trial.

Can the defendant and I agree to settle our case

before the trial?

Yes. In fact, it is almost always better if you and the defendant can

make an agreement either before or during the trial. You may feel

certain that you will win your case, but the Court may not agree

with you.

If you make an agreement before your trial date, and the claim

has been paid in full, notify the Small Claims Court Clerk in

writing. The clerk will mark the case settled, and neither side will

have to go to Court.

If you agree to settle, but the defendant has not paid you in full by

the trial date, or you need more time to finish your agreement, go

to Court on your trial date. Ask for a postponement so you can

finish your agreement and get your claim paid. (This is called an

Adjournment Pending Settlement.) The Court will give you a new

trial date. If the claim is still not settled by the new trial date, go to

court on the new date.

What do I do on the day of my trial?

You should:

• Get to the courthouse at least 30 minutes early. (It takes

time to go through security and find your courtroom.)

• Find your Small Claims Courtroom, then look for the Small

Claims Court calendar. The calendar is a list of the day’s

cases. It is usually posted outside the courtroom.

• Look for your last name and the defendant’s last name on

the calendar. If your case is not listed on the calendar, or if

there is no calendar posted, ask the Court Clerk for help.

What happens if one side does not go to the trial?

If you, the claimant, are not in Court when the Small Claims Clerk

calls the case, the Court will dismiss your case.

If the defendant is not in Court when the Small Claims Clerk calls

the case, the Court will hear your case without the defendant.

(This is called an inquest.) If you show enough evidence, you may

win your case. If this happens the Court will enter a default

judgment against the defendant. Defendants in default judgment

cases can ask the Small Claims Court Clerk how to re-open a

case.

How will I know when my case starts?

The Court follows these steps:

1. The clerk will call your case and your name.

2. Stand up and say your name.

3. Unless you are asking for a postponement, say, “Ready.”

4. If you want to postpone your trial or make another request

say, “Application.”

5. If you and the defendant are both ready, the trial will start.

Who will decide my case?

In New York City and Nassau County, it could

be a judge or an arbitrator. You get to choose.

In Western Suffolk County, an arbitrator will

decide your case.

What is an arbitrator?

An arbitrator is an experienced lawyer with special training in

small claims cases. Arbitrators and judges apply the same law to

your case, but a trial with an arbitrator is less formal.

If an arbitrator will decide your case, your trial will take place on

your trial date.

What if I choose a judge?

If a judge will decide your case, you may have to return on

another date. In New York City, if the Court cannot hear your case

on that date, it may send you to mediation or a pretrial conference.

The conference may help you to settle your case. If your case

does not settle, the Court will give you a new trial date.

Important! Cases decided by a judge can be appealed. Cases

decided by an arbitrator cannot be appealed.

Will there be a jury?

Small claims cases decided by an arbitrator do not have juries.

Small claims cases decided by a judge do not have juries unless

the defendant demands it. The defendant would have to pay a $70

jury fee and an additional $50 fee. (The $50 fee will be given to

the side that wins the case.) The defendant must also file a sworn

notarized statement, called an

“affidavit,” saying:

1. S/he is asking for a jury trial in

good faith, and

2. The claim has at least one

question of fact that must be

decided by a jury.

The clerk can provide more information

about how to ask for a jury trial.

What happens during my trial?

The trial starts…

You, the claimant, go first. You will take an

oath to tell the truth, and then you will tell your

side of the story and show the Court your

papers and other evidence. It’s up to you to

prove your claim.

Next, the Court and the defendant may ask

you questions about the case.

If you have witnesses, they will take an oath and testify next. The

Court and defendant may ask them questions, too.

Then the defendant takes an oath and tells his/her side of the

story. The defendant can show papers and other evidence, and

witnesses can testify on his/her behalf. Before they testify they

must also take an oath to tell the truth.

You (the claimant) and the Court can ask the defendant and the

defendant’s witnesses questions.

You may ask the Court to question the defendant about his/her

assets, such as a car, house, or bank accounts. This information

may help you collect your judgment if you win your case.

The Court will decide.

When the trial is over, the Court does not usually make a decision

right away. In most cases, the Court needs some time to consider

your case. The Court will mail its decision to both sides within a

few days.

Important! If you did not have the defendant’s correct

name when you started the case, you may ask the Court to

correct it now. If you do not do this now, it will be very hard

for you to collect your money judgment if you win.

What if I do not agree with the

Court’s decision?

If the judge or arbitrator ordered a default judgment …

The defendant may ask the Court to open the case again if s/he

has a valid defense and a good reason for not going to the trial. If

the Court agrees to open the case again, the clerk will schedule

another trial. The Court may take your case on that date or

postpone it to a later date. Defendants in default judgment cases

can ask the Small Claims Court Clerk how to re-open a case.

If an arbitrator decided your case…

You cannot appeal the arbitrator’s decision.

In Western Suffolk County, any party who is not in default has 35

days from the date of the mailing of the arbitrator’s award to ask

the court for a new trial before a judge. (This is called a trial de

novo.) If you ask for a trial de novo you will have to pay a $75.00

fee. For more information, visit:

www.nycourts.gov/courts/10jd/suffolk/dist/AfterJudgmentTDN.sht

ml.

If a judge decided your case…

You can ask a higher court to review your case. This is called an

“appeal.”

Is it hard to win an appeal?

Yes. Very few small claims decisions are appealed, and very few

appeals are successful. The higher Court will only decide if there

was substantial justice between the parties. That means deciding

if the trial was basically fair. The higher Court will not change a

small claims decision because of a technical mistake made at

the trial.

Do I need a lawyer to ask for an appeal?

No. But if you hire one keep in mind that it may cost you more to

appeal your small claims case than what you could win.

Is there a deadline to ask for an appeal?

Yes. You must file a Notice of Appeal within 30 days of the Court’s

judgment. The Small Claims Court Clerk can give you more

information.

Do I have to pay for an appeal?

Yes. You will have to pay for a fee for a Notice of Appeal. You

will also have to pay for a typed trial transcript for the higher court.

Do I still have to pay the judgment if I ask for an appeal?

Unless you deposit a sum of money equal to the amount of the

judgment or file a bond with the Small Claims Court Clerk, you

must pay the judgment. The bond or money deposited guarantees

payment of the judgment if you lose the appeal.

If you receive a notice of appeal, call the Small Claims

Court to ask if a bond or the judgment amount has been

paid to the Court. If it hasn’t, you can start collecting

your judgment right away.

If you win, you are the judgment creditor.

The side that owes the money is the judgment debtor.

How do I get my money if I win?

After the trial, the Court will mail you and the other side a Notice of

Judgment.* Read it carefully. It says:

1. The Court’s decision about how much money the other side

has to pay you,

2. The Sheriff’s office address and phone number, and

3. Ways to collect your judgment.

*In Western Suffolk County the Court’s decision is called the Arbitrator’s Award.

Will the Court collect (enforce) the judgment?

No. The Court will not collect the money for you. You must collect

the judgment yourself. But the judgment is valid for 20 years. Even

if you won your case, there is no guarantee that you can collect

your money. If the defendant does not pay willingly, there are legal

steps that you can take. See below.

How do I collect my judgment?

You can call or write the judgment debtor and ask for payment,

read pages 20-22 for collection suggestions, or you can contact

an enforcement officer.

What is an enforcement officer?

An enforcement officer is a sheriff or marshal

who is authorized to take money or property from

the judgment debtor to pay your judgment.

Who does the enforcement officer

work for?

Marshals work on their own. They are not public

employees. Sheriffs work for the county.

How can I find an enforcement officer?

In New York City, you can get a list of marshals from:

• The Small Claims Court Clerk,

• The phone book, or

• At: www.nyc.gov/html/doi/html/marshals/list.shtml

In Nassau and Western Suffolk Counties, read the instructions

included with the Court’s decision.

What do I say to the enforcement officer?

Say that you are the judgment creditor in a small claims case, give

the officer your small claims number, and say that you want to ask

the Court for an execution. An execution is a court order that

allows the officer to take property or money to get your judgment

paid.

Do I have to pay the enforcement officer?

Yes. If the judgment will be taken from the judgment debtor’s

income, you may have to pay a $50 fee in advance. If the officer is

taking property to pay the judgment, you must also pay the

officer’s mileage fees in advance.*

If you and the judgment debtor agree to settle after you hire an

enforcement officer, you must pay the enforcement officer 5% of

the settlement amount, whether the enforcement officer helped

you settle the case or not. In a settled case, you will not be able to

recover any fees already paid.

*Sometimes these fees can be added to the judgment so the judgment debtor would have

to pay you back.

How does the enforcement officer know what assets the

judgment debtor has?

You must find out about the judgment debtor’s assets and give

that information to the officer. The officer will want to know about

the judgment debtor’s property, including:

• Checking and savings accounts.

• The type of property and the location of the property.

How do I find out about the judgment debtor’s money

and property?

You can use an information subpoena. This is a legal document

signed by the Small Claims Court Clerk that orders the judgment

debtor and others to answer questions about the judgment

debtor’s assets.

Where can I get an information subpoena form?

You can get an information subpoena form with preprinted

questions:

• At a legal stationery store,

• From a legal forms book from any law library, or

• From the Small Claims Court Clerk ($2-3 fee)

Or you can write your own questions based on what you know

about the judgment debtor, if you prefer.

Who should I send the information subpoena to?

Send it to the judgment debtor and anyone else who

may know about the judgment debtor’s assets, including the

judgment debtor’s:

• Employer,

• Landlord,

• Phone or utility company, or

• Banks.

Will the clerk deliver the information subpoena for me?

No. The clerk will sign the information subpoena, but will not

deliver it for you. Send the signed

information subpoena to the judgment

debtor along with:

• Two copies of the questions, and

• A self-addressed stamped envelope.

Make sure you put enough postage!

You can use regular or certified mail,

return receipt requested.

How else can I find out about the

judgment debtor’s assets?

Try to find the judgment debtor’s bank.

You or someone you know may have paid the judgment debtor

with a check. If so, look on the back of the canceled check for the

bank’s information.

If you can find the name and address of the judgment debtor’s

bank, the enforcement officer can seize (take) money from the

account to pay your judgment.

Find out if the judgment debtor has a car.

Contact the New York Department of Motor Vehicles to find out if

the judgment debtor owns a car. If s/he does, the enforcement

officer can seize (take) it, then sell it to pay your judgment.

Ask DMV for this information:

• Vehicle model,

• Year,

• License plate number, and

• Address where the vehicle is registered.

Caution! If the judgment debtor still owes money on the car, that

loan must be paid before you can get any money. You will also

have to pay the enforcement officer towing and storage fees in

advance (about $150 or more).

Find out if the judgment debtor owns real estate.

Real property can be sold to pay your judgment. Go to the County

Clerk in the county where you believe the judgment debtor owns

property. If the judgment debtor does own property, ask the Small

Claims Court Clerk for a transcript of judgment, and then file it with

the County Clerk. See page 29 for the County Clerks’ contact

information.

Then you can ask the enforcement officer to sell the property to

pay your judgment. You will have to fill out papers to sell the

property. Then after it is sold, the officer’s fees and expenses, as

well as any mortgage, tax liens, and previous judgments owed by

the judgment debtor will be deducted from the proceeds of the

sale. If there is money left over, it can be used to pay your

judgment.

Are there other ways to make a judgment debtor pay?

Yes. In certain kinds of cases, you may be able to get the

judgment debtor’s driver’s license or professional or business

license suspended until the judgment is paid.

Here are some examples:

• If your claim had to do with the judgment debtor’s car or

how s/he drove a car, DMV may suspend the judgment

debtor’s driver’s license and car registration until your

judgment is paid. Your judgment must be for $1000 or more,

and it must be unpaid for more than 15 days. Ask the Small

Claims Court Clerk for more information.

• If your claim was about the judgment debtor’s licensed

or certified business, notify the state or local licensing

agency if the judgment debtor has not paid you. The agency

may decide to revoke, suspend, or refuse to grant or renew

a business license.

It must be at least 35 days since the judgment debtor

received notice of the judgment.

See a list of some agencies that may be able to help you on

pages 27-28.

• If a judgment debtor has 3 or more unpaid recorded

judgments including yours, but s/he has the ability to pay

them, you may be able to sue the judgment debtor for 3

times more than your original judgment. This is called treble

damages. Ask the Small Claims Court Clerk if the judgment

debtor is listed in the Small Claims Court’s index of

unsatisfied judgments.

• If the Court finds the judgment debtor’s business is

fraudulent or illegal, you can notify the Attorney General. If

the business is licensed, also notify the agency that licensed

the business.

Commercial Small Claims

To start a commercial small claims or consumer transaction case,

read pages 1-22 of this booklet and the text below.*

*This section does not apply to Eastern Suffolk County. A corporation, partnership,

association and assignees must start a civil case in Eastern Suffolk County.

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 special rules below.

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.

Can a collection agency file a commercial small claim?

Yes. Collection agencies or other entities with a claim on a debt

assigned to them may file a commercial small claim as long as they

did not buy the claim for the purpose of bringing an action.

Is there a limit on how many commercial small claims

can be filed?

Yes. You cannot file more than 5 claims statewide per

calendar month.

Can a commercial small claimant sue more than one

person or business?

Yes. There can be more than one defendant in a commercial

small claims case.

Do you need a lawyer to bring a commercial small

claim?

No. You do not have to have a lawyer to file a commercial small

claims case. But you may have one at your own expense, if you

want one.

Can the defendant have a lawyer?

Yes. The other side may have a lawyer. If both sides have a

lawyer, your case may be transferred to Civil Court. You (the

claimant/plaintiff) must pay any additional court fees.

Is there a fee to file a commercial small claims case?

Yes. The fee is $25, plus postage costs.

What are the special rules for starting a commercial

small claims case that is a consumer transaction?

Consumer transaction cases must follow these 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.

Where can I get a demand letter form and certification

for my consumer transaction case?

You can get a demand letter form and certification from the Court

Clerk or at: www.nycourts.gov/courts/nyc/smallclaims/forms.shtml

www.nycourts.gov/courts/10jd/suffolk/dist/commercialclaimsinstr.s

html

Where do I get the court form to start my case?

You can get the form from the Court Clerk in your county.

For Western Suffolk County and New York City, you can also get

the form from the Internet:

• Western Suffolk County:

http://nycourts.gov/courts/10jd/suffolk/dist/commercialclaimsi

nstr.shtml

• New York City:

http://www.nycourts.gov/courts/nyc/civil/forms/CIV-SC-70.pdf

• In Nassau County, the form is not yet available online.

Where can you file a commercial small claims case?

The addresses, phone numbers, and hours are listed on pages

31-33, Small Claims Court Locations & Hours.

When will the trial take place?

The clerk will tell you the trial date when you file the claim. The

clerk will also mail the defendant two copies of the notice:

1. One by regular, first-class mail, and

2. The other by certified mail.

If the Post Office does not return the notice that was sent by

regular mail to the clerk’s office within 30 days, the Court

considers the defendant to have been served – even if the notice

sent by certified mail was not delivered.

Important! You cannot have a trial if the defendant was

not served.

What will the notice say?

The notice lets the defendant know about your claim. It tells the

defendant:

• What the claim is about,

• How much money you are asking for, and

• The date of your trial.

In New York City, the defendant must live, work or have a place of

business within New York City.

Who can come to Court?

If you are a partnership, any of the partners may represent you.

If you are a corporation, any officer, director, or employee who is

authorized to represent the corporation or settle the case may

represent you.

Government Agencies That May Help

When Collecting Your Judgment

Attorney General’s Office for the State of New York

120 Broadway

New York, NY 10271

(212) 416-8000

Banking Department (BD)

BD regulates all state-chartered banking activities. They enforce

laws and policies dealing with consumer credit, financial services,

illegal lending, and other consumer abuses.

Department of Consumer Affairs (DCA)

DCA licenses various types of businesses and activities, enforces

consumer protection laws, and city and state weights and

measures laws. They also research and educate the public about

consumer issues, and resolve consumer complaints.

DCA in New York City

42 Broadway

New York, NY 10004

Call: 311

Outside NYC, call: 212 NEW-YORK

DCA in Nassau County

200 County Seat Drive

Mineola, NY 11501

(516) 571-2600

DCA in Suffolk County

P.O. BOX 6100

Hauppauge, NY 11788-0099

Hours: 8:30 - 4:00 p.m.

(631) 852-2200

Department of Labor (DOL)

DOL regulates certain areas of employee safety and health,

employee earnings, and employee coverage under unemployment

insurance.

Department of Motor Vehicles (DMV)

DMV issues driver licenses and regulates motor vehicle

registration and titling. DMV also licenses or registers inspection

stations, driving schools and instructors, repair shops, dealers,

transporters, the vehicle salvage industry, snowmobiles, all-terrain

vehicles, motorboats, and unique motor vehicles.

Department of Transportation (DOT)

DOT regulates railroads, buses, and trucking companies, and

grants licenses to public utility companies for real estate rights on

DOT-controlled property.

Education Department

The Education Department licenses about 30 professions, including:

Accountants Optometrists Acupuncturists

Pharmacists Architects Physical therapists

Chiropractors Physicians Dental hygienists

Physician assistants Dentists Podiatrists

Engineers Psychologists Interior designers

Social workers Nurses Veterinarians

Insurance Department (ID)

ID issues licenses and permits, conducts examinations, and

administers fines relating to insurance companies, agents,

brokers, and adjusters.

Judicial Branch - Appellate Divisions

The Appellate Divisions conduct proceedings to admit, suspend,

or disbar practicing attorneys and attorneys wishing to practice in

the New York State courts.

Public Service Commission (PSC)

PSC oversees all gas, electric, and waterworks corporations, as

well as telephone and telegraph lines. Rates for privately owned

gas, electric, steam, telephone, telegraph, radio-telephone, and

waterworks corporations need Commission approval.

County Clerk Locations

County Clerks can:

• Search for property that the judgment debtor owns in that

county, and

• Tell you the exact, legal name of a business in that county.

(If you do not have the exact, legal name it may be harder to

collect your judgment.)

New York City

New York County Clerk

60 Centre Street

New York, NY 10007

(646) 386-5955

Bronx County Clerk

851 Grand Concourse

Bronx NY 10451

(718) 618-3301

Richmond County Clerk

130 Stuyvesant Place

Staten Island, NY 10301

(718) 675-7700

Queens County Clerk

88-11 Sutphin Boulevard

Jamaica, NY 11435

(718) 298-0601

Kings County Clerk

360 Adams Street

Brooklyn, NY 11201

(347) 404-9750

3030 3rd Avenue,

Rm 240

Bronx, NY 10455

(718) 993-3880

Nassau County

240 Old Country Road

Mineola, NY 11501

516 571 2664

Suffolk County

310 Center Drive

Riverhead, NY 11901

(631) 852-2000

Enforcement Officers

Sheriff’s Offices

New York City

New York County

66 John Street,

New York, NY 10007

(212) 487-8002

Bronx County

3030 3rd Avenue,

Rm 240

Bronx, NY 10455

(718) 993-3880

Kings County

210 Joralemon Street,

Rm 909

Brooklyn, NY 11201

(718) 802-3545

Queens County

144-06 94th Avenue

Jamaica, NY 11435

(718) 298-7550

Richmond County

350 St. Marks Pl..

Staten Island, NY 10310

(718) 815-8407

Nassau County

240 Old Country Road

Mineola, NY 11501

(516) 571-2113

Suffolk County

360 Yaphank Avenue

Yaphank, NY 11980

(631) 852-5600

New York City Marshals

For a list of NY City Marshals, ask the Small Claims Clerks Office,

look in your phone book, or go to:

www.nyc.gov/html/doi/html/marshals/marshal_dir.html

Police Department

Non-emergency phone number: 311

If you are involved in an auto accident and need a copy of the

accident report you must contact the local police precinct where

the accident took place within 30 days.

For more information, contact the New York City Police

Headquarters:

One Police Plaza

New York, New York 10038

(646) 610-5000

Small Claims Court Locations & Hours

New York City

New York County

Civil Court

111 Centre Street

New York, NY 10013

(646) 386-5484

Bronx County

Civil Court

851 Grand Concourse

Bronx, NY 10451

(718) 618-2517

Richmond County

Civil Court

927 Castleton Avenue

Staten Island, NY 10310

(718) 675-8460

Kings County

Civil Court

141 Livingston Street

Brooklyn, NY 11201

(347) 404-9020

Queens County

Civil Court

89-17 Sutphin Boulevard

Jamaica, NY 11435

(718) 262-7123

Harlem Community

Justice Center

170 East 121 Street

New York, NY 10035

(212) 360-4113

In New York City, most small claims cases take place in Night

Court, which starts at 6:30 p.m. Daytime court is available for

seniors, people with disabilities, and people who work at night.

Daytime court starts at 9:30 a.m.

The Clerk’s office is open:

M-F 9 a.m. – 4:30 p.m.

Th 9 a.m. – 8 p.m. (to file claims)

Be on time! Get to court at least 30 minutes early. You will need

time to go through security and find your courtroom.

Contact the Court Clerk at the numbers listed above, or

call (646) 386-5700, or Visit:

www.nycourts.gov/nycsmallclaims

Small Claims Court Locations & Hours

Nassau County

If the defendant lives, works, or has a place of business in Long

Beach, file your claim at:

Long Beach City Court

One West Chester St.

Long Beach, NY 11561

(516) 431-1000

If the defendant lives, works, or has a place of business in Glen

Cove, file your claim at:

Glen Cove City Court

13 Glen Street

Glen Cove, NY 11542

(516) 676-0109

If the defendant lives, works, or has a place of business in any

other village, town, or city in Nassau County, file your claim at:

Nassau County District Court

99 Main Street

Hempstead, NY 11550

(516) 572-2261 (Day court)

(516) 572-2262 (Night court)

If you want Night Court, you must file your claim at the

Hempstead court.

Be on time! In Nassau County, most small claims cases start at

9:30 a.m. There is Night Court once a week at the Nassau County

District Court in Hempstead that starts at 6:00 p.m.

Contact the Court Clerk at the numbers listed above, or

Visit: www.nycourts.gov/suffolkdistrict

Small Claims Court Locations & Hours

Western Suffolk County

There are 6 Courts that hear small claims cases in Western

Suffolk County. If the defendant lives, works, or has a place of

business in: Babylon, Brookhaven, Huntington, Islip, or

Smithtown, you can file in person or mail* your claim to any of

these District Courts.

* If you file your claim by mail you must sign it in front of a notary first.

Note: The First District Court in Ronkonkoma is for

Night Court only.

First District Court

3105 Veterans Memorial Hwy.

Ronkonkoma, NY 11779

(631) 854-9676

Second District Court

30 East Hoffman Avenue

Lindenhurst, NY 11757

(631) 854-1121

Third District Court

1850 New York Avenue

Huntington Station, NY 11746

(631) 854-4545

Fourth District Court

North County Complex, Bldg. C-158

Veterans Memorial Hwy.

Hauppauge, NY 11788

(631) 853-5408

Fifth District Court

3105 Veterans Memorial Hwy.

Ronkonkoma, NY 11779

(631) 854-9676

Sixth District Court

150 West Main Street

Patchogue, NY 11772

(631) 854-1440

In Western Suffolk County, small claims cases start at 9:30 a.m.

There is Night Court once a month at the First District Court in

Ronkonkoma that starts at 5:30 p.m.

The Clerk’s office is open: M-F, 9 a.m. – 1:00 p.m. and 2:00 p.m. –

5:00 p.m. To file a claim the clerk’s office is open: M-F 9 a.m. –

12:30 p.m. and 2:00 p.m. – 4:30 p.m.

Contact the Court Clerk at the numbers listed above, or

Visit:www.nycourts.gov/courts/10jd/suffolk/dist/Forms.shtml

Special Rules for Eastern Suffolk County

What are the special rules for small claims cases in

Eastern Suffolk County?

There are 5 Justice Courts that hear small claims cases in

Eastern Suffolk County: Riverhead, Southold, East Hampton,

Southampton and Shelter Island. The rules for these towns differ

from New York City, Nassau and Western Suffolk Counties. In

Eastern Suffolk County you must:

• Be an individual who is 18 or older. You can not file a

commercial small claim in Eastern Suffolk County.

• Have a claim for up to $3,000.

• Pay a court fee ($10– $15).

• Contact the Court Clerk to get the small claims form and find

out the days and hours that Court is open.

Locations

If the defendant lives, works, or has a place of business in:

Riverhead, Southold, East Hampton, Southampton or Shelter

Island, you must file your claim in the Justice Court in that town.

Justice Court Town of Riverhead

200 Howell Avenue

Riverhead, NY

(631) 727-3200

Justice Court Town of Southold

53095 Route 25

Southold, NY

(631) 765-1852

Justice Court Town of

East Hampton

159 Pantigo Road

East Hampton, NY

(631) 324-4134

Justice Court Town of

Southampton

32 Jackson Avenue

Hampton Bays, NY

(631) 702-2990

Justice Court Town

of Shelter Island

46 N. Ferry Road

Shelter Island, NY

(631) 749-8989

Contact the Court Clerk at the numbers listed above, or

Visit: www.nycourts.gov/courts/townandvillage/index.shtml