§ 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 filing system maintained\nespecially for such purpose. Such procedure shall provide that the\ncommercial claims part of the court shall have no jurisdiction over, and\nshall dismiss, any case with respect to which the required certification\nis not made upon the attempted institution of the action or proceeding.\nSuch procedure shall provide for the sending of notice of such claim by\nordinary first class mail and certified mail with return receipt\nrequested to the party complained against at his residence, if he\nresides within the municipality in which the court is located, and his\nresidence is known to the claimant, or at his office or place of regular\nemployment within such municipality if he does not reside within such\nmunicipality or his residence within the municipality is not known to\nthe claimant. If, after the expiration of twenty-one days, such ordinary\nfirst class mailing has not been returned as undeliverable, the party\ncomplained against shall be presumed to have received notice of such\nclaim. Such notice shall include a clear description of the procedure\nfor filing a counterclaim, pursuant to subdivision (d) of this section.\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. Such\nverified certificate shall certify (i) that the claimant has mailed by\nordinary first class mail to the party complained against a demand\nletter, no less than ten days and no more than one hundred eighty days\nprior 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
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