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 ten dollars for claims in the amount of one  thousand
  dollars  or  less  and  fifteen 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.
    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 section
  nineteen hundred twelve 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. 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 three 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.