N.Y. New York City Civil Court Act § 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 (1) at his residence, if he resides within the city

of New York, and his residence is known to the claimant, (2) 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, or (3) where claimant is or was a tenant or

lessee of real property owned by the defendant and the claim relates to

such tenancy or lease and the notice of claim cannot be sent under

paragraph one or two of this subdivision, at any place in the state

where plaintiff may mail or otherwise deliver rent. 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.