N.Y. Uniform District 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 a district of the court in the county, and his

residence is known to the claimant, or (2) at his office or place of

regular employment within such a district if he does not reside therein

or his residence within such a district 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 claimant 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.