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Assembly Bill A9827

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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2011-A9827 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Uniform Justice Court Act
Laws Affected:
Amd ยง1803, UJCA

2011-A9827 (ACTIVE) - Summary

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

2011-A9827 (ACTIVE) - Bill Text download pdf 

                            
                    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:

  Section 1.  Subdivision (a) of section 1803  of  the  uniform  justice
court  act, as amended by chapter 309 of the laws of 1996, is amended to
read as follows:
  (a) Small claims shall be commenced upon the payment by  the  claimant
of  a filing fee of [ten] TWENTY dollars for claims in the amount of one
thousand dollars or less and [fifteen] THIRTY dollars for claims in  the
amount  of  more  than  one  thousand  dollars, without the service of a
summons and, except by special order of the court, without  the  service
of  any  pleading  other  than a statement of his cause of action by the
claimant or someone in his behalf to the clerk,  who  shall  reduce  the
same  to  a concise, written form and record it in a filing system main-
tained especially for such purpose. Such procedure shall provide for the
sending of notice of such claim by ordinary first class mail and  certi-
fied  mail with return receipt requested to the party complained against
at his residence, if he resides within the county and his  residence  is
known  to  the claimant, or at his office or place of regular employment
within the municipality if he does not reside within the county  or  his
residence  within the county is not known to the claimant. If, after the
expiration of twenty-one days, such ordinary first class mailing has not
been returned as undeliverable, the party complained  against  shall  be
presumed  to  have  received  notice  of such claim.   Such notice shall
include a clear description of the procedure for filing a  counterclaim,
pursuant to subdivision (c) of this section.
  Such  procedure  shall  further  provide for an early hearing upon and
determination of such claim. No filing fee, however, shall  be  demanded
or  received  on small claims of employees who shall comply with section
nineteen hundred twelve of this act which  is  hereby  made  applicable,
except that necessary mailing costs shall be paid.
  S  2. 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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