Bill Text: NY A02855 | 2023-2024 | General Assembly | Introduced

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Bill Title: Increases the jurisdictional limit from $3,000 to $5,000 for justice courts; increases filing fees.

Spectrum: Slight Partisan Bill (Democrat 10-5)

Status: (Introduced) 2024-07-15 - enacting clause stricken [A02855 Detail]

Download: New_York-2023-A02855-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2855

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 27, 2023
                                       ___________

        Introduced  by M. of A. ZEBROWSKI, GUNTHER, STECK, OTIS, THIELE, PAULIN,
          PALMESANO, FRIEND, BRABENEC, NORRIS -- Multi-Sponsored by -- M. of  A.
          GLICK,  McDONOUGH,  PEOPLES-STOKES, SIMON -- read once and referred to
          the Committee on Judiciary

        AN ACT to amend the uniform justice court  act,  in  relation  to  civil
          jurisdictional limits and increasing filing fees

          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 201 of the uniform  justice  court
     2  act,  as  amended by chapter 685 of the laws of 1977, is amended to read
     3  as follows:
     4    a. The court shall have jurisdiction as set forth in this article  and
     5  as  elsewhere  provided  by  law[,  subject, in the case of a city court
     6  governed by this act, to the limitations stated in § 2300 (b) (2) (i) of
     7  this act]. The phrase "[$3000] $5000", whenever it appears herein, shall
     8  be taken to mean "[$3000]  $5000  exclusive  of  interest  and  costs"[,
     9  except  that,  in  the  case  of a city court governed by this act whose
    10  monetary jurisdiction is, pursuant to § 2300 (b) (2) (i)  of  this  act,
    11  below  $3000, it shall be taken to mean such lesser sum as is applicable
    12  in the particular court, exclusive of interest and costs].
    13    § 2. Section 202 of the uniform justice court act, as amended by chap-
    14  ter 685 of the laws of 1977, is amended to read as follows:
    15  § 202. Money actions and actions to recover chattels.
    16    Notwithstanding any other provision  of  law,  the  court  shall  have
    17  jurisdiction  of  actions  and  proceedings for the recovery of money or
    18  chattels where the amount sought to be recovered or  the  value  of  the
    19  property does not exceed [$3000] $5000.
    20    §  3.  Section  1801  of  the uniform justice court act, as amended by
    21  chapter 485 of the laws of 2021, is amended to read as follows:
    22  § 1801. Small claims defined.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06372-01-3
        A. 2855                             2

     1    The term "small claim" or "small claims" as used  in  this  act  shall
     2  mean  and  include  any  cause of action for money only not in excess of
     3  [three] five thousand dollars exclusive of interest and costs,  provided
     4  that  the defendant either resides, or has an office for the transaction
     5  of  business  or  a regular employment within the municipality where the
     6  court is located, or where claimant is or was a tenant or lessee of real
     7  property owned by the defendant and the claim relates to such tenancy or
     8  lease, and such real property is situated within the municipality  where
     9  the court is located. However, where a judge of the county court, pursu-
    10  ant to subdivision (g) of section three hundred twenty-five of the civil
    11  practice law and rules, transfers a small claim from the town or village
    12  court  having  jurisdiction  over  the matter to another town or village
    13  court within the same county, the court to which it is transferred shall
    14  have jurisdiction to determine the claim.
    15    § 4. Subdivision (a) of section 1803 of the uniform justice court act,
    16  as amended by chapter 485 of the laws of 2021, is  amended  to  read  as
    17  follows:
    18    (a)  Small  claims shall be commenced upon the payment by the claimant
    19  of a filing fee of [ten] fifteen dollars for claims in the amount of one
    20  thousand dollars or less and [fifteen] twenty dollars for claims in  the
    21  amount  of  more  than  one  thousand  dollars, without the service of a
    22  summons and, except by special order of the court, without  the  service
    23  of  any  pleading  other  than a statement of his cause of action by the
    24  claimant or someone in his behalf to the clerk,  who  shall  reduce  the
    25  same  to  a concise, written form and record it in a filing system main-
    26  tained especially for such purpose. Such procedure shall provide for the
    27  sending of notice of such claim by ordinary first class mail and  certi-
    28  fied  mail with return receipt requested to the party complained against
    29  (1) at his residence, if he resides within the county and his  residence
    30  is  known to the claimant, (2) at his office or place of regular employ-
    31  ment within the municipality if he does not reside within the county  or
    32  his  residence  within  the  county is not known to the claimant, or (3)
    33  where claimant is or was a tenant or lessee of real  property  owned  by
    34  the  defendant  and  the  claim relates to such tenancy or lease and the
    35  notice of claim cannot be sent under paragraph one or two of this subdi-
    36  vision, at any place in the county or an adjoining county where claimant
    37  may mail or otherwise deliver rent. If, after the expiration of  twenty-
    38  one  days,  such  ordinary  first class mailing has not been returned as
    39  undeliverable, the party complained against shall be  presumed  to  have
    40  received  notice  of  such  claim.  Such  notice  shall  include a clear
    41  description of the procedure for  filing  a  counterclaim,  pursuant  to
    42  subdivision (c) of this section.
    43    Such  procedure  shall  further  provide for an early hearing upon and
    44  determination of such claim. No filing fee, however, shall  be  demanded
    45  or  received  on small claims of employees who shall comply with section
    46  nineteen hundred twelve of this act which  is  hereby  made  applicable,
    47  except that necessary mailing costs shall be paid.
    48    §  5. This act shall take effect on the first of January next succeed-
    49  ing the date on which it shall have become a  law  and  shall  apply  to
    50  actions or proceedings filed on or after such date.