Bill S6894-2013

Relates to raising to civil jurisdictional limits

Raises the civil jurisdictional limits to $10,000 for small claims.

Details

Actions

  • Jun 19, 2014: referred to judiciary
  • Jun 19, 2014: DELIVERED TO ASSEMBLY
  • Jun 19, 2014: PASSED SENATE
  • Jun 19, 2014: ORDERED TO THIRD READING CAL.1611
  • Jun 19, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Mar 26, 2014: REFERRED TO JUDICIARY

Meetings

Votes

Memo

BILL NUMBER:S6894

TITLE OF BILL: An act to amend the New York city civil court act, the uniform district court act, the uniform city court act, and the uniform justice court act, in relation to civil jurisdictional limits

PURPOSE:

To raise the civil jurisdiction limit, so that cases in small claims court can be made up to ten thousand dollars exclusive of interest and costs.

SUMMARY OF PROVISIONS:

Section 1801 of the New York City civil court act, as amended by chapter 65 of the laws of 2010, will be amended to include a ten thousand dollars civil jurisdiction limit.

JUSTIFICATION:

The current civil court jurisdiction limit is five thousand dollars. Once a plaintiff damages exceeds that limit, the plaintiff must file for compensation in a higher court that usually requires legal counsel. Also due to recent changes in the economy and the cost of living many items hold more value and thus more and more cases exceed the five thousand dollar threshold. Therefore the current civil jurisdiction should be raised to ten thousand dollars to accommodate the current cost of living. Many plaintiffs tend to end up with less money when they have to bring their small claims to a higher court because they have to pay for legal representation.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the date on which it shall have become a law and shall apply to actions or proceeding filed on or after such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 6894 IN SENATE March 26, 2014 ___________
Introduced by Sen. GIANARIS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the New York city civil court act, the uniform district court act, the uniform city court act, and the uniform justice court act, in relation to civil jurisdictional limits THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1801 of the New York city civil court act, as amended by chapter 65 of the laws of 2010, is amended to read as follows: S 1801. Small claims defined. The term "small claim" or "small claims" as used in this act shall mean and include any cause of action for money only not in excess of [five] TEN thousand dollars exclusive of interest and costs, or any action commenced by a party aggrieved by an arbi- tration award rendered pursuant to part 137 of the rules of the chief administrator of the courts (22 NYCRR Part 137) in which the amount in dispute does not exceed [five] TEN thousand dollars, provided that the defendant either resides, or has an office for the transaction of busi- ness or a regular employment, within the city of New York. S 2. Section 1801 of the uniform district court act, as amended by chapter 65 of the laws of 2010, is amended to read as follows: S 1801. Small claims defined. The term "small claim" or "small claims" as used in this act shall mean and include any cause of action for money only not in excess of [five] TEN thousand dollars exclusive of interest and costs, or any action commenced by a party aggrieved by an arbitration award rendered pursuant to part one hundred thirty-seven of the rules of the chief administrator of the courts (22 NYCRR Part 137) in which the amount in dispute does not exceed [five] TEN thousand dollars, provided that the defendant either resides, or has an office for the transaction of busi- ness or a regular employment, within a district of the court in the county. S 3. Section 1801 of the uniform city court act, as amended by chapter 65 of the laws of 2010, is amended to read as follows:
S 1801. Small claims defined. The term "small claim" or "small claims" as used in this act shall mean and include any cause of action for money only not in excess of [five] TEN thousand dollars exclusive of interest and costs, or any action commenced by a party aggrieved by an arbitration award rendered pursuant to part 137 of the rules of the chief administrator of the courts (22 NYCRR Part 137) in which the amount in dispute does not exceed [$5,000,] TEN THOUSAND DOLLARS provided that the defendant either resides, or has an office for the transaction of business or a regular employment, within the county. S 4. Section 1801 of the uniform justice court act, as amended by chapter 76 of the laws of 1994, is amended to read as follows: S 1801. Small claims defined. The term "small claim" or "small claims" as used in this act shall mean and include any cause of action for money only not in excess of [three] TEN thousand dollars exclusive of interest and costs, provided that the defendant either resides, or has an office for the transaction of business or a regular employment, within the municipality where the court is located. However, where a judge of the county court, pursuant to subdivision (g) of section three hundred twenty-five of the civil practice law and rules, transfers a small claim from the town or village court having jurisdiction over the matter to another town or village court within the same county, the court to which it is transferred shall have jurisdiction to determine the claim. S 5. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law and shall apply to actions or proceedings filed on or after such date.

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