COMMERCIAL CLAIMS/CONSUMER TRANSACTION
JURISDICTIONAL AND GENERAL INFORMATION
WHAT IS A COMMERICAL CLAIMS?
The Claimant must be a corporation, partnership, or association. A Certificate of Authority must be filed indicating the office/authority of the claimant to settle or participate in the trial on behalf of the business. NO COLLECTION AGENCIES!
WHAT IS A CONSUMER TRANSACTION?
A Consumer Transaction is a transaction where the money, property, or service that is the subject of the transaction is primarily for personal, family, or household purposes.
The claimant must have a principle office in the State of New York. The defendant must reside or have an office for the transaction of business or regular employment within the county.
The monetary jurisdiction is up to $5,000.00 (exclusive of interest and costs) - money damages only.
The filing fee for filing a claim is $25.00 plus postage for one defendant and additional postage for each additional defendant/address. The filing fees are payable to the City Court Clerk's Office in the form of cash or money order.
The court personnel cannot give legal advise.
You must be 18 years of age or older to bring an action in Commercial Claims/Consumer Transactions; otherwise, the action must be brought by a parent or guardian.
If a party will be inequitably affected by a judgment rendered by a Court (that is, his/her right to litigate a claim or recover damages against a named defendant could be determined by the case being heard), that person must be named as a claimant/plaintiff in the case. If such a person refuses to join the case as a plaintiff, then, he/she may be named as a defendant (CPLR 1001(a)). Two examples of people who should be joined as claimants/plaintiffs include:
1. Co-tenants on a lease in a claim against the landlord.
2. When the owner of, operator of, and riders in an automobile are different people in a negligence action for property damage and personal injuries.
Commercial Claims/Consumer Transaction Form: The form must be completed by the plaintiff(s) and filed in the City Court Clerk's Office.
Demand Letter Certification (required in Consumer Transaction cases only): The claimant MUST file with the Court a certification attesting that a Demand Letter has been sent to the defendant not less than ten (10) days nor more than 180 days from the time of the filing of the action in Commercial Claims Court.
Certificate of Authority: The claimant must file with the Court a Certificate of Authority indicating that the claimant has the authority to settle and/or participate in a trial on behalf of the business. This form may be obtained from the City Court Clerk's Office.
Certification on Limitation or Commercial Claim/Consumer Transaction Filing:
The claimant may file up to five (5) claims per calendar month. You will be required to file a verification that no more than five (5) commercial claims have been instituted by you anywhere in New York State during the calendar month. This form may be obtained from the City Court Clerk's Office.
If you have been named as a defendant in a Commercial Claims/ Consumer Transaction matter and have a claim against the claimant, you may bring a "Counterclaim" as part of the lawsuit, for money only. You should file your own Commercial Claims/Consumer Transaction Application with the Court with the filing fee of $5.00, plus postage. (Claims cannot be submitted via the Internet). You must inform the Court that you are filing a Counterclaim and inform the Court of the Case Name and Index Number of the case to which you are filing a Counterclaim. You must be prepared to prove the Counterclaim on the day you go to Court.
A Counterclaim should be filed within five (5) days of your receipt of the Summons and Notice of Claim. However, if you file a Counterclaim after the five (5) days has elapsed, the claimant in the initial proceeding may request an adjournment of the hearing date. The Court may grant the adjournment request.
WITHDRAWING A COMMERCIAL CLAIMS/CONSUMER TRANSACTION:
If you have filed a Commercial Claims/Consumer Transaction matter with the City Court and the parties have resolved the matter prior to the court hearing, you should advise the Court, in writing, immediately. Only the individual that filed the claim can withdraw the matter and must have his/her signature on the document.