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New York New York City Civil Court - Article 18 - § 1803 Commencement of Action Upon Small Claim

Legal Research Home > New York Laws > New York New York City Civil Court (CCA) > New York New York City Civil Court - Article 18 - § 1803 Commencement of Action Upon Small Claim

 
    §  1803.  Commencement  of  action upon small claim.  (a) Small claims
  shall be commenced upon the payment by the claimant of a filing  fee  of
  fifteen dollars for claims in the amount of one thousand dollars or less
  and  twenty  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  docket kept especially for such purpose. Such procedure shall
  provide for the sending of notice of such claim by ordinary first  class
  mail  and  certified  mail  with  return  receipt requested to the party
  complained against at his residence, if he resides within  the  city  of
  New  York,  and his residence is known to the claimant, or at his office
  or place of regular employment within the city of New York  if  he  does
  not  reside  therein or his residence within the city of New York 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  §  1912
  (a)  of  this act which is hereby made applicable, except that necessary
  mailing costs shall be paid.
    (b) The clerk shall furnish every claimant, upon commencement  of  the
  action,  with  information  written in clear and coherent language which
  shall be prescribed and furnished by the office of court administration,
  concerning the small claims court. Such information shall  include,  but
  not be limited to, an explanation of the following terms and procedures;
  adjournments,    counterclaims,    jury   trial   requests,   subpoenas,
  arbitration, collection methods and  fees,  the  responsibility  of  the
  judgment  creditor  to collect data on the judgment debtor's assets, the
  ability of the court prior to entering judgment to order examination  of
  or  disclosure  by,  the  defendant and restrain him, the utilization of
  section eighteen hundred twelve of this article concerning treble damage
  awards and information subpoenas including, but not limited to, specific
  questions to be used on information subpoenas, and the claimant's  right
  to  notify  the  appropriate  state  or  local  licensing  or certifying
  authority of an unsatisfied judgment if it arises out  of  the  carrying
  on,  conducting or transaction of a licensed or certified business or if
  such business appears to be engaged in fraudulent  or  illegal  acts  or
  otherwise   demonstrates   fraud  or  illegality  in  the  carrying  on,
  conducting or transaction of its business and a list  of  at  least  the
  most  prominent state or local licensing or certifying authorities and a
  description of the business  categories  such  licensing  or  certifying
  authorities  oversee.  The  information  shall  be available in English.
  Large signs in English shall be posted in conspicuous locations in  each
  small   claims   court  clerk's  office,  advising  the  public  of  its
  availability.
    (c) A defendant who wishes to file  a  counterclaim  shall  do  so  by
  filing  with  the  clerk a statement containing such counterclaim within
  five days of receiving the notice of claim. At the time of  such  filing
  the  defendant  shall pay to the clerk a filing fee of five dollars plus
  the cost of mailings which are required pursuant  to  this  subdivision.
  The  clerk  shall  forthwith send notice of the counterclaim by ordinary
  first class mail to the claimant. If the defendant  fails  to  file  the

  counterclaim  in accordance with the provisions of this subdivision, the
  defendant retains the  right  to  file  the  counterclaim,  however  the
  claimant  may,  but  shall  not  be  required  to,  request  and  obtain
  adjournment  of  the  hearing to a later date. The claimant may reply to
  the counterclaim but shall not be required to do so.

Last modified: February 18, 2012