What's happening
This bill raises the jurisdictional limit for money and chattel recovery actions in New York justice courts from $3,000 to $15,000.
Why it matters
Expands access to local justice courts for larger disputes. , allowing individuals and small businesses to resolve claims up to $15,000 without needing to go to higher courts, which are often more complex and costly.
May reduce caseloads in higher-level courts. by redirecting more mid-sized financial or property disputes to justice courts, potentially speeding up the resolution of such cases across the court system.
Provides greater jurisdiction for counterclaims and combined claims. , so parties can more fully address related financial issues in a single proceeding, increasing judicial efficiency and possibly reducing litigation costs for all parties.
Could have a significant impact on rural or small-town litigants. , for whom justice courts are more accessible geographically and procedurally, thus promoting broader access to justice for moderate-value disputes.
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Who cares
Headline styles
Raise Small Claims Limit
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3365
2019-2020 Regular Sessions
IN SENATE
February 6, 2019
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the uniform justice court act, in relation to the jurisdiction of justice courts for money actions and actions to recover chattels
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 202 of the uniform justice court act, as amended by chapter 685 of the laws of 1977, is amended to read as follows: § 202. Money actions and actions to recover chattels.
Notwithstanding any other provision of law, the court shall have jurisdiction of actions and proceedings for the recovery of money or chattels where the amount sought to be recovered or the value of the property does not exceed [$3000] $15,000 exclusive of interest and costs.
§ 2. Paragraph a of section 201 of the uniform justice court act, as amended by chapter 685 of the laws of 1977, is amended to read as follows:
a. The court shall have jurisdiction as set forth in this article and as elsewhere provided by law, subject, in the case of a city court governed by this act, to the limitations stated in § 2300 (b) (2) (i) of this act. The phrase ["$3000"] "$15,000", whenever it appears herein, shall be taken to mean "[$3000] $15,000 exclusive of interest and costs", except that, in the case of a city court governed by this act whose monetary jurisdiction is, pursuant to § 2300 (b) (2) (i) of this act, below [$3000] $15,000, it shall be taken to mean such lesser sum as is applicable in the particular court, exclusive of interest and costs.
§ 3. Section 208 of the uniform justice court act, as amended by chapter 685 of the laws of 1977, is amended to read as follows: § 208. Counterclaims.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09486-01-9
S. 3365 2
The Court shall have jurisdiction of any counterclaim whose subject matter would be within its jurisdiction if sued upon separately. If a counterclaim for money only in excess of [$3000] $15,000 is interposed, the court may entertain it to the extent of [$3000] $15,000 but it shall be deemed waived as to the excess above [$3000] $15,000.
§ 4. Section 211 of the uniform justice court act, as amended by chapter 685 of the laws of 1977, is amended to read as follows: § 211. Joinder of causes of action in complaint; effect on jurisdiction.
Where several causes of action are asserted in the complaint, and each of them would be within the jurisdiction of the court if sued upon separately, the court shall have jurisdiction of the action. In such case judgment may be rendered by the court in excess of [$3000] $15,000 if such excess result solely because of such joinder.
§ 5. 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 proceedings filed on or after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the uniform justice court act, in relation to the jurisdiction of justice courts for money actions and actions to recover chattels
Purpose
To raise the jurisdiction limit for justice courts and city courts governed by the Uniform Justice Court Act, to raise the monetary juris- dictional limit up to fifteen thousand dollars exclusive of interest and costs.
Summary of provisions
Section 1 amends Section 202 of the Uniform Justice Court Act, to raise the monetary jurisdictional limit of justice courts from $3,000 to $15,000.
Section 2 amends section 201 of the Uniform Justice Court Act to increase the monetary jurisdiction of city courts governed by the Uniform Justice court Act from $3,000 to $15,000.
Section 3 amends section 208 of the Uniform Justice Court Act to increase the monetary limit for counterclaims from $3,000 to $15,000.
Section 4 amends section 211 of the Uniform Justice Court Act to increase the monetary limit in cases of joinder from $3,000 to 15,000.
Section 5 provides that this act shall take effect on the first of Janu- ary next succeeding the date on which it shall have become a law and shall apply to actions or proceedings filed on or after such date.
Justification
The current monetary jurisdiction of courts governed by the Uniform Justice Court Act is $3,000, whether in a regular civil court or small claims proceeding. Once a plaintiff's damages exceed that limit, the plaintiff must commence an action in a higher court that usually requires legal counsel, higher costs and a longer time to trial. While this is a hardship in any county, it is especially difficult in counties that do not have any cities within their borders. For plaintiffs in these rural counties, who do not have the choice of commencing their action in city court, their only choice is either county or supreme court. Both county and supreme courts already have busy dockets and it makes no sense for either of them to be the sole choice for relatively small civil matters. Inflation has eroded the value of $3,000 and it is time to raise jurisdictional limits for justice courts, which are really the heart of civil relief for every day disputes -to a more appropriate limit, and particularly to provide the same access to justice for plain- tiffs in rural counties that do not even offer the relief of city courts.
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.
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