senate Bill S6894

Relates to raising to civil jurisdictional limits

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 26 / Mar / 2014
    • REFERRED TO JUDICIARY
  • 19 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1611
  • 19 / Jun / 2014
    • PASSED SENATE
  • 19 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2014
    • REFERRED TO JUDICIARY

Summary

Raises the civil jurisdictional limits to $10,000 for small claims.

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Bill Details

See Assembly Version of this Bill:
A4215
Versions:
S6894
Legislative Cycle:
2013-2014
Current Committee:
Assembly Judiciary
Law Section:
New York City Civil Court Act
Laws Affected:
Amd §1801, NYC Civ Ct Act; amd §1801, UDCA; amd §1801, UCCA; amd §1801, UJCA
Versions Introduced in 2011-2012 Legislative Cycle:
A9351, A9351

Sponsor Memo

BILL NUMBER:S6894

TITLE OF BILL: An act to amend the New York city civil court act, the
uniform district court act, the uniform city court act, and the
uniform justice court act, in relation to civil jurisdictional limits

PURPOSE:

To raise the civil jurisdiction limit, so that cases in small claims
court can be made up to ten thousand dollars exclusive of interest and
costs.

SUMMARY OF PROVISIONS:

Section 1801 of the New York City civil court act, as amended by
chapter 65 of the laws of 2010, will be amended to include a ten
thousand dollars civil jurisdiction limit.

JUSTIFICATION:

The current civil court jurisdiction limit is five thousand dollars.
Once a plaintiff damages exceeds that limit, the plaintiff must file
for compensation in a higher court that usually requires legal
counsel. Also due to recent changes in the economy and the cost of
living many items hold more value and thus more and more cases exceed
the five thousand dollar threshold. Therefore the current civil
jurisdiction should be raised to ten thousand dollars to accommodate
the current cost of living. Many plaintiffs tend to end up with less
money when they have to bring their small claims to a higher court
because they have to pay for legal representation.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become a law and shall apply to actions or
proceeding filed on or after such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6894

                            I N  S E N A T E

                             March 26, 2014
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the New York city civil court act, the uniform  district
  court  act,  the uniform city court act, and the uniform justice court
  act, in relation to civil jurisdictional limits

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  1801  of  the  New York city civil court act, as
amended by chapter 65 of the  laws  of  2010,  is  amended  to  read  as
follows:
  S 1801. Small claims defined. The term "small claim" or "small claims"
as used in this act shall mean and include any cause of action for money
only  not in excess of [five] TEN thousand dollars exclusive of interest
and costs, or any action commenced by a  party  aggrieved  by  an  arbi-
tration  award  rendered  pursuant to part 137 of the rules of the chief
administrator of the courts (22 NYCRR Part 137) in which the  amount  in
dispute  does  not exceed [five] TEN thousand dollars, provided that the
defendant either resides, or has an office for the transaction of  busi-
ness or a regular employment, within the city of New York.
  S  2.  Section  1801  of the uniform district court act, as amended by
chapter 65 of the laws of 2010, is amended to read as follows:
S 1801. Small claims defined.
  The term "small claim" or "small claims" as used  in  this  act  shall
mean  and  include  any  cause of action for money only not in excess of
[five] TEN thousand dollars exclusive of  interest  and  costs,  or  any
action  commenced  by a party aggrieved by an arbitration award rendered
pursuant to part one hundred thirty-seven of  the  rules  of  the  chief
administrator  of  the courts (22 NYCRR Part 137) in which the amount in
dispute does not exceed [five] TEN thousand dollars, provided  that  the
defendant  either resides, or has an office for the transaction of busi-
ness or a regular employment, within a district  of  the  court  in  the
county.
  S 3. Section 1801 of the uniform city court act, as amended by chapter
65 of the laws of 2010, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07989-01-3

S. 6894                             2

S 1801. Small claims defined.
  The  term  "small  claim"  or "small claims" as used in this act shall
mean and include any cause of action for money only  not  in  excess  of
[five]  TEN  thousand  dollars  exclusive  of interest and costs, or any
action commenced by a party aggrieved by an arbitration  award  rendered
pursuant  to  part  137  of  the rules of the chief administrator of the
courts (22 NYCRR Part 137) in which  the  amount  in  dispute  does  not
exceed [$5,000,] TEN THOUSAND DOLLARS provided that the defendant either
resides,  or  has an office for the transaction of business or a regular
employment, within the county.
  S 4. Section 1801 of the uniform justice  court  act,  as  amended  by
chapter 76 of the laws of 1994, is amended to read as follows:
S 1801. Small claims defined.
  The  term  "small  claim"  or "small claims" as used in this act shall
mean and include any cause of action for money only  not  in  excess  of
[three]  TEN  thousand dollars exclusive of interest and costs, provided
that the defendant either resides, or has an office for the  transaction
of  business  or a regular employment, within the municipality where the
court is located. However, where a judge of the county  court,  pursuant
to  subdivision  (g)  of  section three hundred twenty-five of the civil
practice law and rules, transfers a small claim from the town or village
court having jurisdiction over the matter to  another  town  or  village
court within the same county, the court to which it is transferred shall
have jurisdiction to determine the claim.
  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a  law  and  shall  apply  to
actions or proceedings filed on or after such date.

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