New Jersey Small Claims

A small claims court is a legal structure where everyday people can resolve their own cases quickly and at low cost. Each state has its own rules, and New Jersey is no different. Consumers, tenants, landlords, tradespeople, and small businesses must learn the right approach to recover their money efficiently, often without hiring a lawyer.

What Is a Small Claims Court in New Jersey?

In New Jersey, small claims cases are heard in the Superior Court, Law Division, Special Civil Part (Small Claims Section).New Jersey small claims is a court process for recovering money damages only. A general list of claims that can be filed in small claims court includes:

• Unpaid debts or invoices
• Breach of a written or oral contract
• Return of a down payment
• Security-deposit disputes (up to $5,000)
• Claims based on bad checks
• Simple contract/workmanship issues
• Minor property damage (including motor-vehicle property claims).

Small claims uses simplified procedures and is expressly intended for quick, low-cost resolution. Parties may retain counsel, but often love to represent themselves. Certain matters may not be filed in the small claims section. These include claims arising from professional malpractice, support or alimony from a marital or domestic dispute, or probate matters, such as a will.

Small Claims Court Limits in New Jersey

The monetary limit of a small claims case is $5,000, exclusive of interest and court costs. If individuals (above 18 years) knowingly sue in small claims for a larger dispute, they must waive any recovery above $5,000. For disputes up to $20,000, they must file them in the regular Special Civil Part. If the individual who is suing (known as the plaintiff) is under the age of 18, the complaint must be filed by the parent or guardian.

The plaintiff may file in the Special Civil Part office for the county where at least one defendant lives or where the defendant’s business is located. If there is more than one defendant, the complaint may be filed in the county where any one of the defendants lives or is located. If none of the defendants reside in New Jersey, the complaint must be filed where the cause of action arose.

Small claims cases are heard in the absence of a jury, but a party who wants a jury may request one by paying an added fee and moving the case to the regular Special Civil Part (jury of six).

How to File a Small Claims Case in New Jersey

The plaintiff may take the following steps to file a small claims case:

• File the case in the county where the defendants live or where the incident occurred. There is a separate kit for a case that results from a motor vehicle accident.
• File their Small Claims Complaint with the court and complete the Small Claims Summons Form.
• Include the current address of the defendant and attach the filing fee, or request a fee waiver if they are unable to pay the costs. The filing fee for a defendant is $35 ($5 per additional defendant).
• Make copies of all documents submitted to the court and remove all personal identifiers from the documents.
• Upload the document through the Judiciary Electronic Document Submission (JEDS) system. They may upload the fee waiver request form if needed. They may also submit the complaint, the summons, and the fee to the county Superior Court where the person or business is located. A certified mail option is recommended.
• The court will serve the defendant by simultaneous certified and regular mail for a modest fee ($7 per defendant). You may also request personal service by a Special Civil Part officer (additional fee).
• After filing and serving, the court will mail the trial date to all parties. The court will help the parties to settle their case through a trained settler. If the case is successfully settled, the parties must call the Special Civil Part Office to inform the court; otherwise, it proceeds to trial.

Small Claims Court in Major New Jersey Cities

A few examples of small claims courts in larger cities across New Jersey include:

• Newark (Essex County): The court is located at the Dr. Martin Luther King, Jr. Justice Building, 495 Dr. Martin Luther King, Jr. Blvd., Newark, NJ 07102.
• Jersey City (Hudson County): It is located at the Hudson County Administration Building, 595 Newark Ave., Jersey City, NJ 07306.
• Camden (Camden County): The court is located at Camden County Hall of Justice, 101 S. 5th St., Camden, NJ 08103.

What to Expect at a Small Claims Hearing in New Jersey

Small claims hearings are informal, and the plaintiff presents their case first, followed by the defendant. They must present allevidence, which includes contracts, estimates, receipts, photos, text/email printouts, and any witnesses.

If a properly served defendant does not appear, the court may grant default judgment to the plaintiff. The judge may rule the same day or shortly after. If the parties disagree with the final decision, they may file an appeal to the Appellate Division of the Superior Court within 45 days of judgment.

How to Search for Small Claims Records in New Jersey

Most Special Civil Part case information remains accessible to the public unless it is sealed by rule or court order. New Jersey Court Rule 1:38-3 lists all of the types of court records that are not available to the public. The official record is maintained by the county Special Civil Part, where the cases are filed. Record seekers may see case numbers, parties, docketed events, hearing dates, and judgments. They may search for small claims records through:

• Civil Case Search. Individuals may use the New Jersey Judicial Branch’s Find a Case hub to access the Civil and Foreclosure Case Search. This search allows the record seekers to access the dockets by name or docket number. This service is free but requires registration for first-time users.
• Superior Court Clerk’s Office. Individuals may request document images (when available) or certified copies by visiting the Superior Court Clerk’s Office or from the county civil division handling the case. They may complete the Records Request Form and submit it in person or by mail to the Superior Court Clerk’s Office. There is a copy fee.
• Third-party sites. There are legal-aid resources and third-party websites that list court dockets and records online. Users should be aware of the risk associated with the authenticity of third-party records.