STATE OF NEW YORK
________________________________________________________________________
5951
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
___________
Introduced by Sen. BRESLIN -- 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 76 of the laws of 1994, 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.
LBD06513-03-9
S. 5951 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. However, where a judge of the county court, pursuant
4 to subdivision (g) of section three hundred twenty-five of the civil
5 practice law and rules, transfers a small claim from the town or village
6 court having jurisdiction over the matter to another town or village
7 court within the same county, the court to which it is transferred shall
8 have jurisdiction to determine the claim.
9 § 4. Paragraph (a) of section 1803 of the uniform justice court act,
10 as amended by chapter 309 of the laws of 1996, is amended to read as
11 follows:
12 (a) Small claims shall be commenced upon the payment by the claimant
13 of a filing fee of [ten] fifteen dollars for claims in the amount of one
14 thousand dollars or less and [fifteen] twenty dollars for claims in the
15 amount of more than one thousand dollars, without the service of a
16 summons and, except by special order of the court, without the service
17 of any pleading other than a statement of his cause of action by the
18 claimant or someone in his behalf to the clerk, who shall reduce the
19 same to a concise, written form and record it in a filing system main-
20 tained especially for such purpose. Such procedure shall provide for the
21 sending of notice of such claim by ordinary first class mail and certi-
22 fied mail with return receipt requested to the party complained against
23 at his residence, if he resides within the county and his residence is
24 known to the claimant, or at his office or place of regular employment
25 within the municipality if he does not reside within the county or his
26 residence within the county is not known to the claimant. If, after the
27 expiration of twenty-one days, such ordinary first class mailing has not
28 been returned as undeliverable, the party complained against shall be
29 presumed to have received notice of such claim. Such notice shall
30 include a clear description of the procedure for filing a counterclaim,
31 pursuant to subdivision (c) of this section.
32 § 5. This act shall take effect on the first of January next succeed-
33 ing the date on which it shall have become a law and shall apply to
34 actions or proceedings filed on or after such date.
