|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to judiciary|
|Jan 05, 2011||referred to judiciary|
senate Bill S685
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S685 - Details
S685 - Summary
Requires notice by certified mail with return receipt requested for the commencement of a small claims action in New York city civil courts.
S685 - Sponsor Memo
BILL NUMBER:S685 TITLE OF BILL: An act to amend the New York city civil court act, in relation to commencement of a small claims action PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to ensure that commencement of an action in small claims court can only be done by certified mail with return receipt requested to the party complained against at their primary residence. SUMMARY OF SPECIFIC PROVISIONS: This amendment will delete provisions in Section 1. Subdivision (a) of section 1803 of the New York City civil court act, as amended by section 34 of part J of chapter 62 of the laws of 2003, relating to the means of delivering notice of small claims complaint. JUSTIFICATION: Under current law, a small claims action can be commenced upon service of a first class mail notice. After a twenty on e day period, if the mailing is not returned as undeliverable, it is presumed that the person being claimed against has knowledge of the small claims court action that has been commenced. This provision does not adequately guarantee actual notice to the party complained against in small claims court. For example, a party could relocate and their mail may
S685 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 685 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. SAMPSON -- 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, in relation to commencement of a small claims action THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of subdivision (a) of section 1803-A of the New York city civil court act, as amended by section 35 of part J of chapter 62 of the laws of 2003, is amended to read as follows: Commercial claims other than claims arising out of consumer trans- actions shall be commenced upon the payment by the claimant of a filing fee of twenty-five dollars and the cost of mailings as herein provided, without the service of a summons and, except by special order of the court, without the service of any pleading other than a required certif- ication verified as to its truthfulness by the claimant on a form prescribed by the state office of court administration and filed with the clerk, that no more than five such actions or proceedings (including the instant action or proceeding) have been instituted during that calendar month, and a required statement of its cause of action by the claimant or someone in its behalf to the clerk, who shall reduce the same to a concise, written form and record it in a docket kept especial- ly for such purpose. Such procedure shall provide that the commercial claims part of the court shall have no jurisdiction over, and shall dismiss, any case with respect to which the required certification is not made upon the attempted institution of the action or proceeding. Such procedure shall provide for the sending of notice of such claim by [ordinary first class mail and] certified mail with return receipt requested to the party complained against at his residence, if he resides within the city of New York, and his residence is known to the claimant, or at his office or place of regular employment within the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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