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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.