Senate Bill S3365

2019-2020 Legislative Session

Relates to the jurisdiction of justice courts for money actions and actions to recover chattels

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to judiciary
Feb 06, 2019	referred to judiciary

2019-S3365 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Uniform Justice Court Act
Laws Affected:: Amd §§202, 201, 208 & 211, UJCA

2019-S3365 (ACTIVE) - Summary

Increases amount of money actions and actions to recover chattels in justice court from $3,000 to $15,000.

2019-S3365 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3365

SPONSOR: RANZENHOFER
 
TITLE OF BILL:  An act to amend the uniform justice court act, in
relation to the jurisdiction of justice courts for money actions and
actions to recover chattels

 
PURPOSE:

To raise the jurisdiction limit for justice courts and city courts
governed by the Uniform Justice Court Act, to raise the monetary juris-
dictional limit up to fifteen thousand dollars exclusive of interest and
costs.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 202 of the Uniform Justice Court Act, to raise
the monetary jurisdictional limit of justice courts from $3,000 to
$15,000.

Section 2 amends section 201 of the Uniform Justice Court Act to

increase the monetary jurisdiction of city courts governed by the
Uniform Justice court Act from $3,000 to $15,000.

Section 3 amends section 208 of the Uniform Justice Court Act to
increase the monetary limit for counterclaims from $3,000 to $15,000.

Section 4 amends section 211 of the Uniform Justice Court Act to
increase the monetary limit in cases of joinder from $3,000 to 15,000.

Section 5 provides that this act shall take effect on the first of Janu-
ary next succeeding the date on which it shall have become a law and
shall apply to actions or proceedings filed on or after such date.

 
JUSTIFICATION:

The current monetary jurisdiction of courts governed by the Uniform
Justice Court Act is $3,000, whether in a regular civil court or small
claims proceeding. Once a plaintiff's damages exceed that limit, the
plaintiff must commence an action in a higher court that usually
requires legal counsel, higher costs and a longer time to trial. While
this is a hardship in any county, it is especially difficult in counties
that do not have any cities within their borders. For plaintiffs in
these rural counties, who do not have the choice of commencing their
action in city court, their only choice is either county or supreme
court. Both county and supreme courts already have busy dockets and it
makes no sense for either of them to be the sole choice for relatively
small civil matters. Inflation has eroded the value of $3,000 and it is
time to raise jurisdictional limits for justice courts, which are really
the heart of civil relief for every day disputes -to a more appropriate
limit, and particularly to provide the same access to justice for plain-
tiffs in rural counties that do not even offer the relief of city
courts.

 
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.

2019-S3365 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3365
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the uniform justice court act, in relation to the juris-
   diction of justice courts for money actions  and  actions  to  recover
   chattels

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 202 of the uniform justice court act, as amended by
 chapter 685 of the laws of 1977, is amended to read as follows:
 § 202. Money actions and actions to recover chattels.
   Notwithstanding any other provision  of  law,  the  court  shall  have
 jurisdiction  of  actions  and  proceedings for the recovery of money or
 chattels where the amount sought to be recovered or  the  value  of  the
 property  does  not  exceed  [$3000]  $15,000  EXCLUSIVE OF INTEREST AND
 COSTS.
   § 2. Paragraph a of section 201 of the uniform justice court  act,  as
 amended  by  chapter  685  of  the  laws  of 1977, is amended to read as
 follows:
   a. The court shall have jurisdiction as set forth in this article  and
 as  elsewhere  provided  by  law,  subject,  in the case of a city court
 governed by this act, to the limitations stated in § 2300 (b) (2) (i) of
 this act. The phrase ["$3000"] "$15,000", whenever  it  appears  herein,
 shall  be  taken  to  mean  "[$3000]  $15,000  exclusive of interest and
 costs", except that, in the case of a city court governed  by  this  act
 whose  monetary  jurisdiction is, pursuant to § 2300 (b) (2) (i) of this
 act, below [$3000] $15,000, it shall be taken to mean such lesser sum as
 is applicable in the particular court, exclusive of interest and costs.
   § 3. Section 208 of the uniform justice court act, as amended by chap-
 ter 685 of the laws of 1977, is amended to read as follows:
 § 208. Counterclaims.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09486-01-9

 S. 3365                             2
 
   The Court shall have jurisdiction of any  counterclaim  whose  subject
 matter  would  be  within its jurisdiction if sued upon separately. If a
 counterclaim for money only in excess of [$3000] $15,000 is  interposed,
 the court may entertain it to the extent of [$3000] $15,000 but it shall
 be deemed waived as to the excess above [$3000] $15,000.
   § 4. Section 211 of the uniform justice court act, as amended by chap-
 ter 685 of the laws of 1977, is amended to read as follows:
 § 211. Joinder of causes of action in complaint; effect on jurisdiction.
   Where several causes of action are asserted in the complaint, and each
 of them would be within the jurisdiction of the court if sued upon sepa-
 rately,  the  court  shall have jurisdiction of the action. In such case
 judgment may be rendered by the court in excess of  [$3000]  $15,000  if
 such excess result solely because of such joinder.
   §  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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Senate Bill S3365

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

2019-S3365 (ACTIVE) - Details

2019-S3365 (ACTIVE) - Summary

2019-S3365 (ACTIVE) - Sponsor Memo

2019-S3365 (ACTIVE) - Bill Text download pdf

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Sponsored By

Michael H. Ranzenhofer

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

2019-S3365 (ACTIVE) - Details

2019-S3365 (ACTIVE) - Summary

2019-S3365 (ACTIVE) - Sponsor Memo

2019-S3365 (ACTIVE) - Bill Text download pdf

Comments