Know before you go
- Small Claims hears money claims of $5,000 or less.
- Claims above $5,000 up to $20,000 go to the regular Special Civil Part.
- A corporation must be represented by a lawyer; individuals can represent themselves.
Small Claims Court exists so that ordinary people can recover modest sums of money without hiring a lawyer. In New Jersey it is not a separate building or a separate court. It is one of three sections of the Superior Court’s Special Civil Part, alongside the Landlord-Tenant section and the regular civil section. Knowing which section fits your case is the first decision, and the most important one.
Which court fits your claim
| Amount you are seeking | Where it goes |
|---|---|
| $5,000 or less | Small Claims section of the Special Civil Part |
| More than $5,000, up to $20,000 | Special Civil Part, civil section |
| More than $20,000 | Law Division of the Superior Court |
These limits come from the Division of Consumer Affairs consumer brief on small claims, revised in 2022. Older state publications list a lower ceiling for the Special Civil Part, so confirm the current limit with the court clerk before filing.
What kinds of cases it hears
Generally, small claims cases are about money, not property; the court usually cannot order someone to return an item. The consumer brief lists claims based on:
- A written or oral contract or agreement, such as an unfinished repair job or an unpaid personal loan.
- Damage to property caused by someone’s negligent driving.
- Return of a tenant’s security deposit.
Security deposit cases are among the most common, and the law can double the amount a tenant recovers. The rules behind those cases are in New Jersey Security Deposit Rules: How Much a Landlord Can Take, Where It Is Kept and When It Comes Back.
One detail matters for deposit claims. According to the state’s Truth in Renting guide, the $5,000 small claims limit for security deposit cases includes any penalties, such as the doubled amount, but not court costs. A tenant whose doubled claim would exceed $5,000 files in the regular Special Civil Part instead.
Filing step by step
1. Pick the county
File in the county where the defendant lives, where the business is located or where the problem occurred. For security deposit cases, the county where the rental unit is located or where the landlord lives is proper. Many counties accept filings by mail.
2. Complete the complaint
Ask the clerk for a complaint form. You must give your full legal name, street address and phone number; the defendant’s name, street address and phone number; and a short, simple statement of what happened and why you are suing. Spell the defendant’s name exactly. If you are suing a business, use its full legal business name.
Tip: For a business, check the exact registered name on its contract, invoice or receipt. A judgment against the wrong name can be hard or impossible to collect.
3. Fill out the summons
Each defendant needs a summons, the document requiring them to appear. Return it to the clerk, who notifies the defendant of the case.
4. Pay the fee
The 2022 consumer brief lists a $35 fee for a small claims case against one defendant, plus $5 for each additional defendant. In the regular Special Civil Part it lists $50 for claims up to $5,000 and $75 above that, plus $5 for each additional defendant. Fees can change, so check with the clerk.
Who can file and who needs a lawyer
The plaintiff, the person suing, must be at least 18. Individuals can present their own case without an attorney. A corporation, however, must be represented by a lawyer or its case will be dismissed. The brief notes that in many cases at least one side does have a lawyer, so it is worth thinking carefully before going alone.
Procedures in the regular Special Civil Part are more formal, and many people hire an attorney there. One difference worth knowing: in that section, if the defendant never answers the complaint, the plaintiff still has to appear in court to obtain a default judgment.
Preparing for the hearing
- Bring the original and copies of every document: contracts, receipts, estimates, leases, letters and texts.
- Bring photos with dates, especially for property damage or rental condition.
- Write a one-page timeline of what happened, in order.
- Bring any witnesses who saw what happened; written statements carry less weight than people who appear.
- Know the exact amount you are asking for and how you calculated it.
Alternatives to court
If you believe a business violated the Consumer Fraud Act, you can also ask for help filing a complaint with the county or municipal consumer affairs office where the business is located, or with the Division of Consumer Affairs. A complaint can sometimes produce a resolution without a lawsuit. See The New Jersey Consumer Fraud Act in Plain Language: What It Covers and How to Use It.
Can I get help with the paperwork?
The court clerk’s office in each county provides the complaint form, and the Division’s consumer brief lists a phone number for every county’s Special Civil Part. Free legal aid programs serve many New Jersey residents; Free Legal Help in New Jersey: Legal Aid, State Agencies and Free Dispute Programs explains how to find them.