Posts made in June 2019

FEDERAL RULES OF CIVIL PROCEDURE FOR PROCESS SERVICE

Disclaimer: Due to the rapidly changing nature of the law, there will be times when the material on this site will not be current. It is provided for general information purposes only and is not intended as legal advice. It should not be considered comprehensive or exhaustive and is not a substitute for advice from your attorney. We make no express or implied warranty as to the material’s accuracy, reliability, completeness, timeliness or appropriateness for a particular purpose, including applicability to your jurisdiction or circumstances. We assume no liability whatsoever for any direct, indirect or consequential damages resulting from your reliance on this material; you do so at your own risk. Seek the advice of an attorney. Comments, corrections or suggestions should be directed to info@undisputedlegal.com.  The information listed below may have been amended. For updated process serving legislation, please visit the New York Judiciary and Courts, which can be found at the United States Court website.

PROCESS SERVICE

(1) In General. A summons must be served with a copy of the

complaint. The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service.

(2) By Whom. Any person who is at least 18 years old and not a party may serve a summons and complaint.

(3) By a Marshal or Someone Specially Appointed. At the plain- tiff’s request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916. Continue reading

New York Town/Village Court Filing Fee’s

[Filing fees are set forth in section 1911 of the Uniform Justice Court Act]

Item Fee
Filing of first paper $20
Demand for Jury Trial $10
Notice of Appeal $5
Small claims [section 1803(a) of the Uniform Justice Court Act] – Claims of $1000 or less $10
Small claims [section 1803(a) of the Uniform Justice Court Act] – Claims of more than $1000 $15

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New York Civil Court Filing Fee’s

Fees must be paid by cash (exact change only), certified check, money order or bank check made payable to: “Clerk of the Civil Court.” Personal checks are not accepted.

Service Amount Statutory Authority
Filing a small claim
$15/20
NYCCCA 1803(a)
File a counterclaim to a small claim
$ 5.00 plus postage
NYCCCA 1803(c)
File a commercial claim
$25.00
plus postage
NYCCCA 1803-A(a)
File a commercial claim in a consumer credit transaction
$25.00
plus postage
NYCCCA 1803-A(b)
File a counterclaim to a commercial claim
$ 5.00 plus postage
NYCCCA 1803-A(d)
Issue a summons, etc.
$45.00
NYCCCA 1911(a)
Filing a Consumer Credit Transaction
$140.00
NYCCCA 1911(b-1)
Filing first paper, etc.
$45.00
NYCCCA 1911(b)
Filing infant’s compromise
$40.00
NYCCCA 1911(c)
Filing notice of trial
$40.00
NYCCCA 1911(d)
Entry of judgment on confession
$45.00
NYCCCA 1911(e)
Filing of judgment in a Consumer Credit Transaction commenced prior to September 1, 2010
$95.00
NYCCCA 1911(n)
Filing notice of appeal
$30.00
NYCCCA 1911(f)
Issue satisfaction of judgment, etc.
$ 6.00
NYCCCA 1911(g)
Demand for jury trial
$70.00
NYCCCA 1911(h)
Exemplification
$15.00
NYCCCA 1911(i)
Certifying a paper
$ 6.00
NYCCCA 1911(j)
Issue notice of petition
$45.00
NYCCCA 1911(k)
Name change
$65.00
NYCCCA 1911(l)
Transcript of Judgment (Filing)
$25.00
CPLR 8021(b)(7)
Transcript of Judgment (Issuance)
$15.00
CPLR 8021(b)(11)(c)(3)
Production of Court Record
$20.00
CPLR 8020(h)

 

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New York Surrogates Court Filing Fee’s

§2401. Fees in the surrogate’s court; general provisions.
1. In the surrogate’s court fees for service, filing and other matters shall be as provided in this article to the exclusion of other statutory provisions unless expressly stated to the contrary.
2. The clerk of each surrogate’s court shall charge and receive for the services and matters herein set forth the fees indicated in this article which shall be payable in advance.
3. All fees shall be the property of the county unless otherwise provided by law.
4. Unless specifically indicated no fee is chargeable for motions made in a pending proceeding or for ex parte applications.
5. The fees in the surrogate’s court of each county of the state shall be the amount specified in the rate column for the service or matter indicated.

§2402. Fees; amount of.
1. Probate. Upon filing a petition to commence a proceeding for probate of a will the fee shall be as shown by the following schedule computed initially upon the gross estate passing by will as stated in the petition; provided however that in a proceeding for ancillary probate of a will the fee shall be computed only upon the property within the state passing under such will and provided that in all cases if the value of the estate so passing as subsequently shown by a tax return filed under article twenty six* of the tax law, by a proceeding under such article, by any proceeding in surrogate’s court involving such estate, or by such papers or documents in connection with such estate as court rules may require to be filed with the court, exceeds the value originally stated and upon which the fee was paid, then an additional probate fee shall be immediately payable. Such additional fee shall be the difference between the fee based on the value subsequently shown and the fee which was initially paid. In the event that the value of the estate so passing as subsequently shown is less than the value originally stated and upon which the fee was paid, then a refund shall be made which shall be the difference between the fee initially paid and the fee based on the actual value subsequently shown.
*So in original. Probably should be ”twenty-six”
The fee paid in a probate or ancillary probate proceeding includes all charges except if probate be contested, fees as required for filing objections, demand for jury trial or for filing note of issue shall be payable. Continue reading

Changes To Landlord Tenant Laws – New York

Effective June 17, 2019, the following changes will take effect, this is a must read for all. Click on the link below.

Changes To Landlord Tenant Laws – New York

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