What Is a Small Claims Court in New Jersey?
The New Jersey Small Claims Courts handle recovery of money sum not exceeding $3000. If the small claims action involves the recovery of a security deposit, the plaintiff may recover up to $5000. A person may file a small claims action when there is a belief that another party should pay for harm or loss of money. Small claims actions in New Jersey are under the jurisdiction of the Special Civil Part Court, which is a division of the Superior Court. Small Claims Courts only handle small claims for the recovery of money, not property. Aggrieved persons may small claims actions in any of the following cases:
- Damaged car due to an accident.
- Breach of contract by not complying with a written or oral contract.
- Recovery of down payment
- Damaged or loss to property
- When an individual buys a product that doesn't work
- Faulty work or incomplete work after payment
- Nonpayment for service rendered
- Claims on the bad check.
- Recovery of security deposit not more than $5,000 in small claims court.
Small Claims Courts lack jurisdiction to handle the following cases even if they are within the monetary limit of small claims actions:
- Malpractice claims against doctors, dentists, lawyers, or other professionals
- Claims for child support or alimony
- Cases involving wills and inheritance
- Lawsuits seeking anything other than money from the defendant
How Do New Jersey Small Claims Courts Work?
Small Claims Courts promote convenience, prompt, effective, and inexpensive ways of resolving disputes. A Small Claims Court is convenient because people may recover small claims without employing an attorney's service, unlike other New Jersey Courts. However, the law does not preclude the parties from hiring attorneys. A corporation must employ the assistance of an attorney when going to a Small Claims Court. The party suing for a small claim is the plaintiff, while the party being sued is the defendant. The plaintiff at the time of filing must be at least 18 years old.
If the aggrieved person is less than 18 years, the parent or legal guardian of the individual must file the small claims action. Any individual or business may file a suit at a Small Claims Court to recover only money since Small Claims Courts do not award properties. A judge of the Superior Court handles the hearing of small claims. It is an abuse of the court process for the plaintiff to file multiple small claims actions simultaneously because the money sum exceeds the jurisdictional limit of the Small Claims Court.
Before the hearing commences on the trial date, the court tries to settle the parties' case through a settlement conference with a trained neutral third person. If the parties fail to compromise, the Superior Court judge hears the matter the same day or on a later date. At the hearing, parties may call any necessary witness or tender in evidence significant in establishing the case. Small Claims Courts require a plaintiff to provide records of any transaction that may help prove the case.
For instance, canceled checks, money orders, sales receipts, bills, contracts, estimates, leases, letters, photographs, etc. After a small claims hearing, the judge enters a judgment that is binding on both parties. If any of the parties is dissatisfied with the court's decision, such party may appeal the decision. Small Claims Court appeals go to the Superior Court's Appellate Division within 45 days of receipt of the final court decision.
How to Take Someone To Small Claims Court in New Jersey
A plaintiff may file an action at the Small Claims Court in the defendant's county of residence or where the defendant carries on business. If the defendant is a business, the appropriate Small Claims Court is the one in the location where the business is registered or where the business operates. If the plaintiff has more than one defendant, the plaintiff may file in the county where any of the defendants lives. Where the defendant lives in another state, the plaintiff files the claim in the county the complaint occurred. To find the Superior Court in the county, use this directory.
To commence a small claims action, the plaintiff needs to file a Small Claims Complaint and Summons. The plaintiff has to specify the kind of action in the complaint, whether for contract, rent, security deposit, personal injury, or personal damage. When filing the complaint, the plaintiff must provide the defendant's full name, address, and telephone number. For businesses, the plaintiff must include the owner's name, the name of the business, registered address, and telephone number. Also, the plaintiff must identify the business as either a sole proprietorship, partnership, or corporation.
To find the correct name or address of a defendant (individual), the plaintiff may resort to the County Government records. For businesses, use the New Jersey Secretary of State. The complaint form must state the amount the plaintiff is claiming and why the defendant is owing. If court action is pending other than the one before the Small Claim Court, the plaintiff must disclose the name of such court. While filing information, the plaintiff may never provide any party's confidential information like social security number or financial details. Upon completion of the form, the plaintiff signs and dates it.
In a small claims action for recovery of a security deposit not more than $5000, the plaintiff applies via the Judiciary Electronic Document Submission (JEDS) system. For other claims not exceeding $3000, the plaintiff may mail or submit the complaint, summons, and filing fee in person at the appropriate Special Civil Part Office. The court charges a filing fee of $42 for one defendant and $12 for each additional defendant (if the defendant is more than one). The plaintiff may pay using a check or money order payable to the Treasurer, State of New Jersey. Note that the filing fee is uniform for all the Small Claims Courts. A plaintiff may apply to the court to waive the filing fee to qualify as indigent by filing a Fee Waiver form.
Generally, the Small Claims Courts waive fees of litigants with income at or below 150% of the current poverty level (based on the number of people in the household). The courts also waive fees for litigants with not more than $2500 in liquid assets (cash or bank account). Once the plaintiff completes filing the small claims complaint, the Small Claims Court must then serve the defendant(s). The process server for the Small Claims Courts must serve the small claims complaint and the summons on the defendant via mail.
In all small claims actions, the defendant need not file an answer to the plaintiff's complaint, except for acknowledging the same. If the defendant fails to acknowledge the small claims complaint and summons, the plaintiff must pay for the processes to be delivered in person to the defendant. If the defendant does not file, the plaintiff has to pay for the papers to be hand-delivered. Upon proper service of the small claims complaint form, the process server files a return of service form. The Clerk of Court notifies the plaintiff and defendant of the scheduled court hearing date via mail. Any party unable to come to court on the scheduled date has to inform the court within time.
At the hearing, the plaintiff and the defendant must be present in the court at the time stated on the summons. Both parties may come with all supporting documents to prove their respective cases. After the hearing, the judge enters a judgment that is binding on both parties. However, an aggrieved party may file an appeal within 45 days of the receipt of the judgment to the New Jersey Supreme Court. If the defendant accepts the plaintiff's claim and settles the plaintiff before the trial date, the plaintiff must notify the Small Claims Court. The plaintiff may need to contact the Special Civil Part Office right away to tell the court about the settlement.
How Much Can You Sue For in New Jersey Small Claims Court?
The plaintiff may file a small claim action at the Small Claims Court to recover a money sum not exceeding $3000. The Small Claims Courts also have jurisdiction to handle small claims for recovery of deposits not exceeding $5000. Any claim above the jurisdictional limit of the court is deemed waived by the party filing.
How to Defend Yourself in New Jersey Small Claims Court
The defendant does not need to file a written response to the plaintiff's small claims complaint and summons. However, the defendant needs to acknowledge the service of the complaint form and the summons. The summons form includes three options that the defendant may take:
- The defendant may decide to go to court on the hearing date to defend the plaintiff's claim.
- Alternatively, the defendant may file a counterclaim to the plaintiff's claim if there is proof of the plaintiff owing money.
- Otherwise, the defendant may agree to settle the plaintiff.
Since the complaint requires no answer, the defendant only needs to prepare documents and evidence to prove the defense during the hearing.
How Long Do You Have to Take Someone to Small Claims Court in New Jersey?
A plaintiff bringing a small claim to the Superior Court Special Civil Part Claim must do so within the time stipulated by law. By the New Jersey Statute of Limitations, a plaintiff must file an action for contract and property damage cases within six years of the incident's occurrence. If it is a personal injury, the plaintiff must file a motion within two years. If the plaintiff fails to bring an action within the timeframe, the plaintiff loses the right to sue. However, certain circumstances may affect a limitation's validity if the injury or damage was done when the plaintiff was a minor. In this instance, the limitation period only starts running after the minor reaches 18 years of age.
What Happens if You Don't Show up for New Jersey Small Claims Court?
If the plaintiff fails to show up at the court hearing on the date scheduled, the Small Claims Court may dismiss the case in the absence of any prior notice. If the defendant fails to show up on the hearing date, the court may enter a default judgment in favor of the plaintiff. A default judgment is a binding judgment of the court, although the defendant may file a motion to set it aside. If both parties fail to show up on the hearing date, the court may close the small claims action.
What Are New Jersey Small Claims Court Records?
A New Jersey small claims record is a public record that reflects the losing party's credit record after judgment. Per New Jersey Open Public Records Act, all New Jersey court records are public records, and it is accessible to members of the general public. This record contains the party's name, money sum, the judgment of the court, and other details of the case.
Where Can I Find New Jersey Small Claims Court Records?
The Clerk of Court of the Superior Courts maintains all New Jersey court records, including small claims records from the Special Civil Part Court. Per NJSA 2B:1-4, interested persons may access Small Claims Courts records via the Electronic Access Program. To use this service, the requester must subscribe by enrolling in the program. For more information on enrollment and other details, contact the eCourts Services Team of the Superior Court Clerk's Office at (609) 421-6100.
Otherwise, the requester may obtain New Jersey court records by completing and submitting the Request form. In the form, the plaintiff has to include the Small Claims Court processing location and also indicate SCCO (Superior Court Clerk's Office). The requester has to pay a record search fee for certified copies of court records which cost $15. Payment may be by credit card. Submit the complete form via the online platform. When the court finishes processing the request, the court electronically sends the record to the requester. Alternatively, interested persons may use a reputable third-party site that allows a requester to search using the names, city, and state of any of the parties in the case.
