§ 1803-A. Commencement of action upon commercial claims.\n (a) Commercial claims other than claims arising out of consumer\ntransactions shall be commenced upon the payment by the claimant of a\nfiling fee of twenty-five dollars and the cost of mailings as herein\nprovided, without the service of a summons and, except by special order\nof the court, without the service of any pleading other than a required\ncertification verified as to its truthfulness by the claimant on a form\nprescribed by the state office of court administration and filed with\nthe clerk, that no more than five such actions or proceedings (including\nthe instant action or proceeding) have been instituted during that\ncalendar month, and a statement of its cause of action by the claimant\nor someone in its behalf to the clerk, who shall reduce the same to a\nconcise, written form and record it in a docket kept especially for such\npurpose. Such procedure shall provide that the commercial claims part of\nthe court shall have no jurisdiction over, and shall dismiss, any case\nwith respect to which the required certification is not made upon the\nattempted institution of the action or proceeding. Such procedure shall\nprovide for the sending of notice of such claim by ordinary first class\nmail and certified mail with return receipt requested to the party\ncomplained against at his residence, if he resides within the county in\nwhich the court is located, and his residence is known to the claimant,\nor at his office or place of regular employment within such county if he\ndoes not reside therein or his residence within the county is not known\nto the claimant. If, after the expiration of twenty-one days, such\nordinary first class mailing has not been returned as undeliverable, the\nparty complained against shall be presumed to have received notice of\nsuch claim. Such notice shall include a clear description of the\nprocedure for filing a counterclaim, pursuant to subdivision (d) of this\nsection.\n Such procedure shall further provide for an early hearing upon and\ndetermination of such claim. The hearing shall be scheduled in a manner\nwhich, to the extent possible, minimizes the time the party complained\nagainst must be absent from employment.\n Either party may request that the hearing be scheduled during evening\nhours, provided that the hearing shall not be scheduled during evening\nhours if it would cause unreasonable hardship to either party. The court\nshall not unreasonably deny requests for evening hearings if such\nrequests are made by the claimant upon commencement of the action or by\nthe party complained against within fourteen days of receipt of the\nnotice of claim.\n (b) Commercial claims in actions arising out of consumer transactions\nshall be commenced upon the payment by the claimant of a filing fee of\ntwenty-five dollars and the cost of mailings as herein provided, without\nthe service of a summons and, except by special order of the court,\nwithout the service of any pleading other than a required statement of\nthe cause of action by the claimant or someone on its behalf to the\nclerk, who shall reduce the same to a concise written form including the\ninformation required by subdivision (c) of this section, denominate it\nconspicuously as a consumer transaction, and record it in the docket\nmarked as a consumer transaction, and by filing with the clerk a\nrequired certificate verified as to its truthfulness by the claimant on\nforms prescribed by the state office of court administration.\n Such verified certificate shall certify (i) that the claimant has\nmailed by ordinary first class mail to the party complained against a\ndemand letter, no less than ten days and no more than one hundred eighty\ndays prior to the commencement of the claim, and (ii) that, based upon\ninformation and belief, the claimant has not instituted more than five\nactions or proceedings (including the instant action or proceeding)\nduring the calendar mo
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