How does small claims court work in New Jersey?
1. Jurisdictional Limit
New Jersey Court Rule 6:11 caps the Small Claims Section at $5,000, with a special $3,000 limit for landlord-tenant security deposit claims. The broader Special Civil Part (DC docket) handles claims up to $20,000 (R. 6:1-2).
2. Court Name
Small Claims Section of the Special Civil Part, Law Division, Superior Court of New Jersey.
3. Filing Fee
Filing fees are among the lowest in the country: $15 for a single-defendant claim, $22 for two or more defendants, plus $7 per defendant for service. Fee waivers are available under R. 1:13-2 via an application to proceed as an indigent.
4. Filing the Claim
File a Small Claims Complaint (Form 11168) in the vicinage (county) where the defendant resides, is doing business, or where the cause of action arose (R. 6:1-3). Service is performed by the Special Civil Part Officer (court officer) by certified and ordinary mail (R. 6:2-3).
5. Defendant's Response
Defendants must file a written Answer within 35 days of service (R. 6:3-1). Failure to answer results in default judgment after the plaintiff files a proof of damages. Counterclaims may be filed with the Answer.
6. Attorney Representation
Attorneys are permitted on both sides. Business entities must be represented by an attorney except in the Small Claims Section, where a corporate officer or full-time employee may appear (R. 6:10).
7. Hearing
Hearings are informal but the New Jersey Rules of Evidence generally apply. Many cases are heard before mediators or court-appointed attorneys serving as small claims mediators before reaching a judge.
8. Judgment & Collection
Appeals go to the Appellate Division within 45 days (R. 2:4-1(a)), on the record. Collection tools include wage executions under R. 4:59-1 (subject to N.J.S.A. 2A:17-50 caps), bank levies, and judgment liens on real estate filed with the Superior Court Clerk under N.J.S.A. 2A:16-1.
9. Statute of Limitations
Standard SOLs apply: 6 years for contracts and property damage (N.J.S.A. 2A:14-1), 2 years for personal injury (N.J.S.A. 2A:14-2), and 6 years for fraud (N.J.S.A. 2A:14-1).
This is legal information, not legal advice.
- Your claim exceeds $5,000 — files as a regular Special Civil Part case up to $20,000 with attorney representation
- You are a business entity and the claim exceeds the small claims threshold, triggering mandatory attorney representation
- You need to appeal on the record, where preservation of objections and trial transcripts are critical
- N.J. Ct. R. 6:11
- N.J. Ct. R. 6:1 to 6:10
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.