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S05316 Summary:

BILL NOS05316
 
SAME ASNo Same As
 
SPONSORBAILEY
 
COSPNSR
 
MLTSPNSR
 
Amd §§201, 202, 1801 & 1803, UJCA
 
Increases the jurisdictional limit from $3,000 to $5,000 for justice courts; increases filing fees.
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S05316 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5316
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 20, 2025
                                       ___________
 
        Introduced  by  Sen.  BAILEY -- 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  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.
    23    The term "small claim" or "small claims" as used  in  this  act  shall
    24  mean  and  include  any  cause of action for money only not in excess of
    25  [three] five thousand dollars exclusive of interest and costs,  provided
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09498-01-5

        S. 5316                             2
 
     1  that  the defendant either resides, or has an office for the transaction
     2  of business or a regular employment within the  municipality  where  the
     3  court is located, or where claimant is or was a tenant or lessee of real
     4  property owned by the defendant and the claim relates to such tenancy or
     5  lease,  and such real property is situated within the municipality where
     6  the court is located. However, where a judge of the county court, pursu-
     7  ant to subdivision (g) of section three hundred twenty-five of the civil
     8  practice law and rules, transfers a small claim from the town or village
     9  court having jurisdiction over the matter to  another  town  or  village
    10  court within the same county, the court to which it is transferred shall
    11  have jurisdiction to determine the claim.
    12    § 4. Subdivision (a) of section 1803 of the uniform justice court act,
    13  as  amended  by  chapter  485 of the laws of 2021, is amended to read as
    14  follows:
    15    (a) Small claims shall be commenced upon the payment by  the  claimant
    16  of a filing fee of [ten] fifteen dollars for claims in the amount of one
    17  thousand  dollars or less and [fifteen] twenty dollars for claims in the
    18  amount of more than one thousand  dollars,  without  the  service  of  a
    19  summons  and,  except by special order of the court, without the service
    20  of any pleading other than a statement of [his] the cause of  action  by
    21  the claimant or someone [in his] on such claimant's behalf to the clerk,
    22  who  shall reduce the same to a concise, written form and record it in a
    23  filing system maintained especially for  such  purpose.  Such  procedure
    24  shall  provide for the sending of notice of such claim by ordinary first
    25  class mail and certified mail with return receipt requested to the party
    26  complained against (1) at [his] their  residence,  if  [he]  such  party
    27  resides  within  the  county  and  [his] their residence is known to the
    28  claimant, (2) at [his] such party's office or place of  regular  employ-
    29  ment  within  the municipality if [he] such party does not reside within
    30  the county or [his] their residence within the county is  not  known  to
    31  the claimant, or (3) where claimant is or was a tenant or lessee of real
    32  property owned by the defendant and the claim relates to such tenancy or
    33  lease  and the notice of claim cannot be sent under paragraph one or two
    34  of this subdivision, at any place in the county or an  adjoining  county
    35  where claimant may mail or otherwise deliver rent. If, after the expira-
    36  tion  of twenty-one days, such ordinary first class mailing has not been
    37  returned  as  undeliverable,  the  party  complained  against  shall  be
    38  presumed  to  have  received  notice  of  such  claim. Such notice shall
    39  include a clear description of the procedure for filing a  counterclaim,
    40  pursuant to subdivision (c) of this section.
    41    Such  procedure  shall  further  provide for an early hearing upon and
    42  determination of such claim. No filing fee, however, shall  be  demanded
    43  or  received  on small claims of employees who shall comply with section
    44  nineteen hundred twelve of this act which  is  hereby  made  applicable,
    45  except that necessary mailing costs shall be paid.
    46    §  5. This act shall take effect on the first of January next succeed-
    47  ing the date on which it shall have become a  law  and  shall  apply  to
    48  actions or proceedings filed on or after such date.
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