How to file a small claims case in New Jersey, step by step

Ask for payment in writing

New Jersey doesn't require a demand letter before you file, but sending one is a good way to settle and to create proof.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

Check the limit and your deadline

In New Jersey you can sue for up to $5,000 in the Superior Court, Special Civil Part, Small Claims Section.

Run the 60-second case check to see the last day you can file.

Collect the details the form asks for

• Your full name, address and phone
• The defendant's exact legal name and type (person, sole proprietor, partnership or corporation)
• A correct address where the defendant can be served
• The amount you're asking for, up to $5,000
• A clear explanation of why the money is owed
• Any other open court case between you and the defendant

Find the defendant's exact legal name

Use the exact registered name and registered office address so the court can serve the business.

Search: NJ Division of Revenue business name search.

Gather your evidence

• The contract, lease, invoice or receipt
• Photos of the damage, dated if possible
• Texts, emails and letters with the other side
• Two written repair estimates or proof of what you paid
• Your demand letter and proof it was sent
• Names and contact details of any witnesses

Get the right form

CN 10151: How To Sue In Small Claims Court kit with the Small Claims Complaint and Summons (car-damage cases use a separate kit). Get the form.

Describe your claim clearly

• Who: you and the defendant, with full legal names and addresses
• What: the agreement or event, in 2–4 plain sentences
• When: the date it happened
• How much: the exact amount (no more than $5,000) and how you calculated it
• What you did: when you asked for payment and their response

Sign it the right way

Sign and date the complaint, certifying that no other case is pending on the same matter; no notary is needed.

Make copies

Send the originals to the court and keep a full copy of everything for yourself.

File your claim

Choose how you'll file:

The Special Civil Part office in the county where a defendant lives or where a business defendant does business. For a security deposit case, you can also file in the county where the rental is.

Pay the filing fee

$35 to file for one defendant plus $5 for each extra defendant, and $10 per defendant for the court to mail the papers, so a typical case costs $45. Pay by check or money order to 'Treasurer, State of New Jersey', by card online, or in cash in person. Can't afford it? Ask for a fee waiver: Ask the judge to waive fees because you can't afford them (indigency application at the Special Civil Part office).

Keep what the clerk gives you

The court mails the papers to the defendant and sends you a postcard with the trial date.

Have the papers served

You don't serve the papers yourself. The court mails them by certified and regular mail; if that fails, a court officer can deliver them for a re-service fee.

If the defendant can't be served, give a new address and pay re-service within 60 days of filing, or the case is dismissed.

File proof of service

Return of Service on the Small Claims Summons

The court or court officer fills it in; check with the clerk before trial that service was completed.

If service fails

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Watch for the defendant's response

The defendant usually doesn't file an answer and just comes to trial. A counterclaim must be filed before the trial date.

Settling before the hearing

If you settle before trial, call the Special Civil Part office right away so the case is marked settled.

Get any settlement in writing, signed by both sides, with the amount and payment date.

Line up your witnesses

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

Get subpoena forms from the Special Civil Part clerk's office to require a witness to come.

Prepare your file

• Three copies of every document: for you, the judge and the defendant
• A one-page timeline of what happened, with dates
• A short sheet showing how you calculated the amount
• Photos printed or ready on your phone (ask the clerk if screens are allowed)

On the day

• Arrive early and be ready for a settlement talk before you see the judge
• Bring originals and copies of receipts, contracts, photos and cancelled checks
• Bring witnesses in person; written statements aren't accepted
• Ask for an interpreter or accommodation in advance
• If you truly can't come, contact the court before the date

Tell your story

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If someone doesn't show up

If the defendant doesn't come, you can get a default judgment after proving the amount. If you don't come, your case can be dismissed.

Know the appeal rules

Either side can appeal to the Appellate Division within 45 days of the judgment. It costs a $250 filing fee and a $300 deposit, plus the transcript.

Collect your money

If they don't pay, ask for a writ of execution to levy a bank account or property, or a wage execution. Unpaid car-accident judgments over $500 can lead to license suspension.

Close the case once you're paid

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.