What is the small claims limit in New Jersey?

New Jersey small claims is a section of the Special Civil Part of the Superior Court, Law Division.

1. Monetary Limit — N.J.S.A. 2A:6-43 and R. 6:11 cap small claims at $5,000 for general civil claims. Landlord-tenant security deposit cases are also capped at $5,000. The Special Civil Part itself hears cases up to $20,000, and the Law Division hears claims above that.

2. Filing Fee — $15 for one defendant, $17 for two, $22 for three or more (R. 6:11-3). Plus $7 mileage fee for sheriff service. Indigent fee waivers via Affidavit of Indigency.

3. Lawyers — Permitted at all stages. Corporations may be represented by an officer or employee in small claims; in regular Special Civil Part cases over $5,000, corporations generally need an attorney (R. 1:21-1(c)).

4. Statute of Limitations — Standard NJ SOLs: 6 years for contracts (N.J.S.A. 2A:14-1), 2 years for personal injury (N.J.S.A. 2A:14-2), 6 years for property damage and conversion (N.J.S.A. 2A:14-1).

5. Where to File — Vicinage (county group) where (a) the cause of action arose, (b) defendant resides, or (c) defendant has a place of business (R. 4:3-2). Forms filed at the Special Civil Part office in the county courthouse.

6. Service — Court clerk serves by simultaneous regular and certified mail. If certified mail is returned undelivered but regular mail is not, service is presumed valid (R. 6:2-3). Personal service by sheriff or process server is also available.

7. Hearing — Held within 30-60 days of service. Bench trial before a Superior Court judge. Rules of evidence are simplified.

8. Appeal Rights — Either party may appeal to the Appellate Division of the Superior Court within 45 days of judgment (R. 2:4-1). Appeal is on the record, not de novo. A transcript or stipulated statement is required.

This is legal information, not legal advice.