§ 1803 — Commencement of action upon small claims

§ 1803. Commencement of action upon small claims.\n (a) Small claims shall be commenced upon the payment by the claimant\nof a filing fee of ten dollars for claims in the amount of one thousand\ndollars or less and fifteen dollars for claims in the amount of more\nthan one thousand dollars, without the service of a summons and, except\nby special order of the court, without the service of any pleading other\nthan a statement of his cause of action by the claimant or someone in\nhis behalf to the clerk, who shall reduce the same to a concise, written\nform and record it in a filing system maintained 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 the county and his residence is known to the\nclaimant, (2) at his office or place of regular employment within the\nmunicipality if he does not reside within the county or his residence\nwithin the county is not known to the claimant, or (3) where claimant is\nor was a tenant or lessee of real property owned by the defendant and\nthe claim relates to such tenancy or lease and the notice of claim\ncannot be sent under paragraph one or two of this subdivision, at any\nplace in the county or an adjoining county 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 section\nnineteen hundred twelve of this act which is hereby made applicable,\nexcept that necessary mailing 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. The information shall be\navailable in English. Large signs in English shall be posted in\nconspicuous locations in each small claims court clerk's office,\nadvising the public of its availability.\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 three 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