Starting a case · For the plaintiff

The Commercial Claims Part: Small Claims for Businesses

Small Claims is reserved for individuals. When a corporation, partnership or association needs to collect a modest sum, the Commercial Claims part is the analogous forum: informal, inexpensive, and quick. For a Brooklyn business with a stack of unpaid invoices, it is often the only economically rational way to litigate.

Who can use it

The part exists for corporations, partnerships, associations and similar entities bringing money claims within the statutory cap. There are limits on how many claims a single business may file within a given period, which is designed to keep the part from becoming a volume collection mill. Larger or repeat portfolios belong in the regular Civil Court calendar.

What to bring

The contract or purchase order, the invoices, delivery confirmations or signed work orders, the account statement showing the balance, and the collection correspondence. If the debt is disputed, bring the communications showing the customer accepted the goods or services without timely objection. Testimony must come from someone with actual knowledge of the account.

Naming the defendant correctly

Sue the entity that owes the money, using its exact legal name, and confirm it through public entity records. Suing the owner personally when the contract was with the LLC — or vice versa — leads to dismissal or an uncollectible judgment. If you want personal liability, you generally need a personal guarantee in writing.

After judgment

Winning is step one. Collection requires locating bank accounts or receivables and using enforcement devices. Businesses often improve their recovery rate more by fixing the front end — written terms, deposits, guarantees, late fees and a clear demand process — than by litigating harder at the back end.

Common questions

Can my LLC appear without a lawyer here?
The commercial claims part allows business appearances in a more flexible way than ordinary civil parts; confirm the current appearance rules for the part before your date.
What if the claim is over the limit?
You can waive the excess to stay in the part, or file in the regular Civil Court or Supreme Court calendar for the full amount.
Can I recover interest and costs?
Statutory interest and modest costs are frequently available; contractual late fees depend on the enforceability of the underlying agreement.

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Related guides

This guide is general information about court procedure in Kings County, New York. It is not legal advice and does not create an attorney-client relationship. Court rules, fees and deadlines change — confirm current requirements with the court or an attorney before acting. Dispute Counsel PLLC serves New York residents, businesses and New York local representation.