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S1759Senate2009-2010 Session

Relates to commencement of a small claims action in New York city civil courts

Sponsor John L. SampsonSD-19Affects Legal
Status
In Senate Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Judiciary

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Sponsors

Primary sponsor
John L. Sampson

Senator · Senate District 19

No co-sponsors yet.

History

  1. Print number 1759a
  2. Amend and recommit to judiciary
  3. Referred to judiciary
  4. Recommitted to judiciary
  5. Vote reconsidered - restored to third reading
  6. Returned to senate
  7. Recalled from assembly
  8. Referred to judiciary
  9. Delivered to assembly
  10. Passed senateVote 46–16
  11. Advanced to third reading
  12. 2nd report cal.
Show 2 earlier actions
  1. 1st report cal.70
  2. Referred to judiciary

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the New York city civil court act, in relation to commencement of a small claims action

Purpose or general idea of bill

The purpose of this bill is to ensure that commencement of an action in small claims court can only be done by certified mail with return receipt requested to the party complained against at their primary residence.

Summary of specific provisions

This amendment will delete provisions in Section 1. Subdivision (a) of section 1803 of the New York City civil court act, as amended by section 34 of part J of chapter 62 of the laws of 2003, relating to the means of delivering notice of small claims complaint.

Justification

Under current law, a small claims action can be commenced upon service of a first class mail notice. After a twenty on e day period, if the mailing is not returned as undeliverable, it is presumed that the person being claimed against has knowledge of the small claims court action that has been commenced. This provision does not adequately guarantee actual notice to the party complained against in small claims court. For example, a party could relocate and their mail may still be delivered to their previous address. Alternatively, the mail could erroneously be delivered to the wrong home and disregarded by the occupant. In addition, unreliable mail management and delivery in large apartment buildings might also impede the actual or timely distribution of mail, and undermine the conveyance of notice to a litigant. Without actual confirmation that notice of the commencement of a small claims court action has been received, we cannot be certain that all parties involved in the proceeding are knowledgeable as to its existence. Absent such confirmation, legal proceedings could be commenced and default judgments obtained without a party to the action ever being given the opportunity to defend itself. That is patently unfair, and could subject individuals to unjust monetary liability and adverse credit implications. This bill will ensure that all parties to a small claims court action are given actual notice.

Prior legislative history

New bill.

Fiscal implications for state & local governments

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.