Section 1803. Commencement of action upon small claims

(a)  Small  claims shall be commenced upon the payment by the claimant
  of a filing fee of fifteen dollars for  claims  in  the  amount  of  one
  thousand  dollars or less and 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 docket kept 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
  county  if he does not reside therein 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.
    Such  procedure  shall  further  provide for an early hearing upon and
  determination of such claim. No filing fee, however, shall  be  demanded
  or received on small claims of employees who shall comply with § 1912 of
  this  act which is hereby made applicable, except that necessary mailing
  costs shall be paid.
    (b) The clerk shall furnish every claimant, upon commencement  of  the
  action,  with  information  written in clear and coherent language which
  shall be prescribed and furnished by the office of court administration,
  concerning the small claims court. Such information shall  include,  but
  not be limited to, an explanation of the following terms and procedures;
  adjournments,    counterclaims,    jury   trial   requests,   subpoenas,
  arbitration, collection methods and  fees,  the  responsibility  of  the
  judgment  creditor  to collect data on the judgment debtor's assets, the
  ability of the court prior to entering judgment to order examination  of
  or  disclosure  by,  the  defendant and restrain him, the utilization of
  section eighteen hundred twelve of this article concerning treble damage
  awards and information subpoenas including, but not limited to, specific
  questions to be used on information subpoenas, and the claimant's  right
  to  notify  the  appropriate  state  or  local  licensing  or certifying
  authority of an unsatisfied judgment if it arises out  of  the  carrying
  on,  conducting or transaction of a licensed or certified business or if
  such business appears to be engaged in fraudulent  or  illegal  acts  or
  otherwise   demonstrates   fraud  or  illegality  in  the  carrying  on,
  conducting or transaction of its business and a list  of  at  least  the
  most  prominent state or local licensing or certifying authorities and a
  description of the business  categories  such  licensing  or  certifying
  authorities  oversee.  The  information  shall  be available in English.
  Large signs in English shall be posted in conspicuous locations in  each
  small   claims   court  clerk's  office,  advising  the  public  of  its
  availability.
    (c) A defendant who wishes to file  a  counterclaim  shall  do  so  by
  filing  with  the  clerk a statement containing such counterclaim within
  five days of receiving the notice of claim. At the time of  such  filing
  the  defendant  shall pay to the clerk a filing fee of five dollars plus
  the cost of mailings which are required pursuant  to  this  subdivision.
  The  clerk  shall  forthwith send notice of the counterclaim by ordinary
  first class mail to the claimant. If the defendant  fails  to  file  the

  counterclaim  in accordance with the provisions of this subdivision, the
  defendant retains the  right  to  file  the  counterclaim,  however  the
  claimant  may,  but  shall  not  be  required  to,  request  and  obtain
  adjournment  of  the  hearing to a later date. The claimant may reply to
  the counterclaim but shall not be required to do so.