2019 -- S 0168

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LC000894

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR

ACTIONS - SMALL CLAIMS AND CONSUMER CLAIMS

     Introduced By: Senators Raptakis, Archambault, McCaffrey, Lombardi, and Conley

     Date Introduced: January 24, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 10-16-1 and 10-16-9 of the General Laws in Chapter 10-16

entitled "Small Claims and Consumer Claims" are hereby amended to read as follows:

     10-16-1. Actions subject to chapter.

     In all ex contractu civil actions and in any action to recover the amount of any tax for

money only not in excess of two thousand five hundred dollars ($2,500) five thousand dollars

($5,000) exclusive of interest and costs, and in all actions or suits to recover damages resulting

from a retail sale of tangible personal property to a member of the general public or from services

rendered to a member of the general public in which the plaintiff seeks to recover an amount of

money only not in excess of two thousand five hundred dollars ($2,500) five thousand dollars

($5,000) exclusive of interest and costs, and in all actions or suits based upon a negotiable

instrument involving an amount of money only not in excess of two thousand five hundred

dollars ($2,500) five thousand dollars ($5,000) exclusive of interest and costs, the procedure

shall, at the plaintiff's election, shown by his or her waiver of appeal, be as provided by this

chapter.

     10-16-9. Filing of defense -- Counterclaim.

     Prior to or upon the date set for answering the defendant shall in writing file in court his

or her answer or defense to the plaintiff's claim and may claim any counterclaim he or she may

have against the plaintiff's claim, as he or she might plead the claim in an action begun by

complaint and summons, and shall file a statement in writing of his or her counterclaim with the

court, and the court shall determine which of the parties is entitled to decision against the other,

and in what amount, and enter decision accordingly, but not exceeding the sum of two thousand

five hundred dollars ($2,500) five thousand dollars ($5,000). If the defendant's counterclaim shall

exceed the sum of two thousand five hundred dollars ($2,500) five thousand dollars ($5,000), and

in the opinion of the court there shall be due the defendant thereon an amount greater than two

thousand five hundred dollars ($2,500) five thousand dollars ($5,000), the court shall enter

decision against the plaintiff as in case of nonsuit, and for the defendant for his or her costs only,

and shall not further adjudicate upon the claim of the defendant, whose right to sue for the claim

shall remain in the same manner as before the commencement of the action. The court may

continue the hearing from time to time as may be necessary.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR

ACTIONS - SMALL CLAIMS AND CONSUMER CLAIMS

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     This act would increase the maximum dollar amount from two thousand five hundred

dollars ($2,500) to five thousand dollars ($5,000) for claims handled in small claims court.

     This act would take effect upon passage.

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