N.Y. UDC Law § 1803 — New York Code / Act UDC / Article 18 / Section 1803
Commencement of action upon small claim
Status: in_force

§ 1803. Commencement of action upon small claim.\n  (a) Small claims shall be commenced upon the payment by the claimant\nof a filing fee of fifteen dollars for claims in the amount of one\nthousand dollars or less and twenty dollars for claims in the amount of\nmore than one thousand dollars, without the service of a summons and,\nexcept by special order of the court, without the service of any\npleading other than a statement of his cause of action by the claimant\nor someone in his behalf to the clerk, who shall reduce the same to a\nconcise, written form and record it in a docket kept especially for such\npurpose. Such procedure shall provide for the sending of notice of such\nclaim by ordinary first class mail and certified mail with return\nreceipt requested to the party complained against (1) at his residence,\nif he resides within a district of the court in the county, and his\nresidence is known to the claimant, or (2) at his office or place of\nregular employment within such a district if he does not reside therein\nor his residence within such a district is not known to the claimant, or\n(3) where claimant is or was a tenant or lessee of real property owned\nby the defendant and the claim relates to such tenancy or lease and the\nnotice of claim cannot be sent under paragraph one or two of this\nsubdivision, at any place in the state where claimant may mail or\notherwise deliver rent. If, after the expiration of twenty-one days,\nsuch ordinary first class mailing has not been returned as\nundeliverable, the party complained against shall be presumed to have\nreceived notice of such claim. Such notice shall include a clear\ndescription of the procedure for filing a counterclaim, pursuant to\nsubdivision (c) of this section.\n  Such procedure shall further provide for an early hearing upon and\ndetermination of such claim. No filing fee, however, shall be demanded\nor received on small claims of employees who shall comply with § 1912\n(a) of this act which is hereby made applicable, except that necessary\nmailing costs shall be paid.\n  (b) The clerk shall furnish every claimant, upon commencement of the\naction, with information written in clear and coherent language which\nshall be prescribed and furnished by the office of court administration,\nconcerning the small claims court. Such information shall include, but\nnot be limited to, an explanation of the following terms and procedures;\nadjournments, counterclaims, jury trial requests, subpoenas,\narbitration, collection methods and fees, the responsibility of the\njudgment creditor to collect data on the judgment debtor's assets, the\nability of the court prior to entering judgment to order examination of\nor disclosure by, the defendant and restrain him, the utilization of\nsection eighteen hundred twelve of this article concerning treble damage\nawards and information subpoenas including, but not limited to, specific\nquestions to be used on information subpoenas, and the claimant's right\nto notify the appropriate state or local licensing or certifying\nauthority of an unsatisfied judgment if it arises out of the carrying\non, conducting or transaction of a licensed or certified business or if\nsuch business appears to be engaged in fraudulent or illegal acts or\notherwise demonstrates fraud or illegality in the carrying on,\nconducting or transaction of its business and a list of at least the\nmost prominent state or local licensing or certifying authorities and a\ndescription of the business categories such licensing or certifying\nauthorities oversee. The information shall be available in English.\nLarge signs in English shall be posted in conspicuous locations in each\nsmall claims court clerk's office, advising the public of its\navailability.\n  (c) A defendant who wishes to file a counterclaim shall do so by\nfiling with the clerk a statement containing such counterclaim within\nfive days of receiving the notice of claim. At the time of such filing\nthe defendant shall pay to the clerk a filing fee of five dollars plus\nthe cost of mailings which are required pursuant to this subdivision.\nThe clerk shall forthwith send notice of the counterclaim by ordinary\nfirst class mail to the claimant. If the defendant fails to file the\ncounterclaim in accordance with the provisions of this subdivision, the\ndefendant retains the right to file the counterclaim, however the\nclaimant may, but shall not be required to, request and obtain\nadjournment of the hearing to a later date. The claimant may reply to\nthe counterclaim but shall not be required to do so.\n