What's happening
This bill raises the civil jurisdictional limit in justice courts from $3,000 to $5,000 and increases small claims filing fees.
Why it matters
Expanding access to justice for higher-value disputes. By raising the jurisdictional limit from $3,000 to $5,000, more individuals and small businesses can resolve moderately larger disputes in local justice courts, which are often more accessible, faster, and less formal than higher courts.
Potentially increasing court workloads and case complexity. Higher limits could bring more cases—and possibly more complicated ones—into justice courts, impacting court resources, procedures, and the need for judicial training.
Greater financial burden on claimants. Filing fees for small claims are increased, meaning individuals seeking relief may face higher upfront costs, which could deter some from pursuing smaller claims but may bolster court funding or offset increased administrative costs.
Broader impact on local communities and legal outcomes. These changes may affect settlement dynamics, legal representation decisions, and the overall experience of litigants (especially those self-represented) by shifting a wider range of disputes into the small claims process.
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Who cares
Headline styles
Raise Small Claims Court Limits
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Returned to senate
- Died in assembly
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 55–7
- Ordered to third reading cal.1171
- Committee discharged and committed to rules
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Raise Justice Court Limits
In Assembly Committee · Ways And Means · Sponsor Kenneth Zebrowski
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5951
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
Introduced by Sen. BRESLIN -- 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 civil jurisdictional limits and increasing filing fees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 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] $5000", whenever it appears herein, shall be taken to mean "[$3000] $5000 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, it shall be taken to mean such lesser sum as is applicable in the particular court, exclusive of interest and costs].
§ 2. 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] $5000.
§ 3. Section 1801 of the uniform justice court act, as amended by chapter 76 of the laws of 1994, is amended to read as follows: § 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] five thousand dollars exclusive of interest and costs, provided
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06513-03-9
S. 5951 2
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.
§ 4. Paragraph (a) of section 1803 of the uniform justice court act, as amended by chapter 309 of the laws of 1996, is amended to read as follows:
(a) Small claims shall be commenced upon the payment by the claimant of a filing fee of [ten] fifteen dollars for claims in the amount of one thousand dollars or less and [fifteen] twenty dollars for claims in the amount of more than one thousand dollars, without the service of a summons and, except by special order of the court, without the service of any pleading other than a statement of his cause of action by the claimant or someone in his behalf to the clerk, who shall reduce the same to a concise, written form and record it in a filing system maintained especially for such purpose. Such procedure shall provide for the sending of notice of such claim by ordinary first class mail and certified mail with return receipt requested to the party complained against at his residence, if he resides within the county and his residence is known to the claimant, or at his office or place of regular employment within the municipality if he does not reside within the county or his residence within the county is not known to the claimant. If, after the expiration of twenty-one days, such ordinary first class mailing has not been returned as undeliverable, the party complained against shall be presumed to have received notice of such claim. Such notice shall include a clear description of the procedure for filing a counterclaim, pursuant to subdivision (c) of this section.
§ 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 civil jurisdictional limits and increasing filing fees
Purpose or general idea of bill
Increases the jurisdictional limit from $3,000 to $5,000 for justice courts.
Summary of specific provisions
Section one of this bill amends section 201 of the Uniform Justice Court Act, to increase the jurisdictional limit of the small claims, money actions and actions to recover chattels from $3,000 to $5,000.
Section two of this bill amends section 202 of the Uniform Justice Court Act, to increase the jurisdictional limit of the small claims, money actions and actions to recover chattels from $3,000 to $5,000.
Section three of the bill amends section 1801 of the uniform justice court act as it relates to the definition of small claims.
Section four of the bill amends section 1803 of the uniform justice court act as it relates to increasing the filing fees from $10 to $15 for claims less than $1,000 and from $15 to $20 for claims over $1,000.
Section five of the bill relates to the effective date.
Difference between original and amended version
The amendments increase the filing fees for small claims cases to address additional caseload that would result from expanding the number of cases that could be brought to small claims court.
Justification
Jurisdictional limits in the Uniform Justice Court Act were last increased over thirty years ago from $2,000 to $3,000 (Chap. 268 of 1977) and small claims defined over thirteen years ago from $2,000 to $3,000 (Chap. 76 of 1976). This $3,000 limit is no longer adequate to cover many basic claims, with the result that claimants are forced to choose between artificially lowering their claims in order to fall with- in the limits or litigating outside of the local justice courts. To bring a case in supreme court it now costs at least $210 just to file and request a hearing. This bill will bring the limits up to date allow- ing citizens to litigate small matters without the cost and expense of Supreme Court.
Prior legislative history
A.2157 of 2017-18, A.1935 of 2015-2016, A.1746 of 2013-2014, A.2091 of 2011-2012, A.3876 of 2009-2010, A.10731 of 2007-2008.
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 proceedings filed on or after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.