Bill Text: NY A09827 | 2011-2012 | General Assembly | Introduced

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Bill Title: Increases fees for commencement of small claims to $20 for claims under $1,000 and $30 for claims between $1,000 and $3,000.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-04-13 - referred to judiciary [A09827 Detail]

Download: New_York-2011-A09827-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9827
                                 I N  A S S E M B L Y
                                    April 13, 2012
                                      ___________
       Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
         tee on Judiciary
       AN ACT to amend the uniform justice court act, in relation to  fees  for
         commencement of small claims
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Subdivision (a) of section 1803  of  the  uniform  justice
    2  court  act, as amended by chapter 309 of the laws of 1996, is amended to
    3  read as follows:
    4    (a) Small claims shall be commenced upon the payment by  the  claimant
    5  of  a filing fee of [ten] TWENTY dollars for claims in the amount of one
    6  thousand dollars or less and [fifteen] THIRTY dollars for claims in  the
    7  amount  of  more  than  one  thousand  dollars, without the service of a
    8  summons and, except by special order of the court, without  the  service
    9  of  any  pleading  other  than a statement of his cause of action by the
   10  claimant or someone in his behalf to the clerk,  who  shall  reduce  the
   11  same  to  a concise, written form and record it in a filing system main-
   12  tained especially for such purpose. Such procedure shall provide for the
   13  sending of notice of such claim by ordinary first class mail and  certi-
   14  fied  mail with return receipt requested to the party complained against
   15  at his residence, if he resides within the county and his  residence  is
   16  known  to  the claimant, or at his office or place of regular employment
   17  within the municipality if he does not reside within the county  or  his
   18  residence  within the county is not known to the claimant. If, after the
   19  expiration of twenty-one days, such ordinary first class mailing has not
   20  been returned as undeliverable, the party complained  against  shall  be
   21  presumed  to  have  received  notice  of such claim.   Such notice shall
   22  include a clear description of the procedure for filing a  counterclaim,
   23  pursuant to subdivision (c) of this section.
   24    Such  procedure  shall  further  provide for an early hearing upon and
   25  determination of such claim. No filing fee, however, shall  be  demanded
   26  or  received  on small claims of employees who shall comply with section
   27  nineteen hundred twelve of this act which  is  hereby  made  applicable,
   28  except that necessary mailing costs shall be paid.
   29    S  2. This act shall take effect on the first of January next succeed-
   30  ing the date on which it shall have become a  law  and  shall  apply  to
   31  actions or proceedings filed on or after such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15242-01-2