New Jersey’s small claims court, formally known as the Special Civil Part Small Claims Section, manages disputes involving $5,000 or less. Starting your civil litigation begins with you or your attorney completing a complaint form and summons.
You will need to provide complete contact information for yourself and the defendant’s correct name and address (or business name and address), plus a clear explanation of why you believe you are owed money. The filing fee is $35 for a single defendant and $5 for every additional one.
Serving the defendant
Ensuring the defendant receives proper notice before your court date is an important part of the process, known as service of process. If the defendant does not receive the summons, it may postpone the case or lead to dismissal.
New Jersey courts can handle service through regular or certified mail for a $7 fee per defendant while a personal service by a Special Civil Part officer costs $10 for one defendant or $12 for each additional defendant.
You may also choose to hire a private process server if you prefer this option. Private servers often charge higher fees but may offer faster or more flexible service.
Whichever method you select, keeping proof of service is essential to show the court that the defendant received proper notice.
What happens on your hearing day
After service, the defendant has to file an Answer within 35 days of when they received the summons. This gives them the opportunity to formally respond and deny the claims before the hearing.
The summons lists the specific time, date and location of the hearing. If the defendant fails to appear, the court may enter a default judgement in your favor.
Before the hearing begins, the court may route the case first to a settlement or mediation session with a trained mediator or staff member. If settlement talks do not work, the judge will hear your testimony and review your evidence alongside the defendant’s response.
What happens if you win
Winning your civil case means the judge issues a judgment in your favor. However, the court does not collect the money for you. You become responsible for pursuing payment from the defendant within the legal framework.
You may want to discuss payment arrangements directly with the defendant after receiving your judgment. Some debtors pay voluntarily or work out a payment plan that suits both parties. If the defendant does not or cannot pay the judgment, you can request the court’s help with collection through tools such as Writs of Execution and wage garnishments.
A Writ of Execution allows a Special Civil Part Officer to seize some of the defendant’s property and sell it at a public auction to satisfy your judgment. Wage garnishment allows you to collect from the defendant’s paycheck if they work in New Jersey, providing a steady stream of payments over time.
The defendant has 30 days after judgment to either pay or file an appeal. This waiting period protects their legal rights before collection efforts begin.
If you wish to file a small claims case against another party, then contacting an attorney can help evaluate your case and provide you with guidance that may make the process smoother.