Claims NOT handled in New Jersey Small Claims Court
- You cannot file an action alleging malpractice in Small Claims Court
- Any action for support (either alimony or otherwise)
- Probate matters (you are claiming you are owed under a will, trust, or other estate instrument)
Types of Actions Generally Filed in Small Claims Court:
- Oral Breach of Contract and Written Breach of Contract
- Action for the Return of a Down Payment
- Action for Property Damage to a Motor Vehicle
- Damage or Loss of Personal Property
- Consumer complaints of faulty workmanship or defective merchandise
- Payment for Labor Performed
- Checks Written Without Funds in the Account
- Payment for Back Rent
- Return of security deposit (remember special rule can sue up to and including $5,000)
Can I file my case in New Jersey?
A claim can be filed in a County if at least one defendant lives there (or their business is located there). A business is located there is the business is actually conducting business in that county (“”doing business””) or it is where the business’s registered office is located. For example if you want to sue your mechanic and their shop is located in New Jersey, you may file your case here. If you have multiple defendants in your case, you may file in whichever County one of the defendants is located. If no defendants reside in a New Jersey County, you need to file your case in the County where your complaint occurred.
Small Claims Court is one of three sections of New Jersey Superior Court’s Special Civil Part (the other two sections are Landlord / Tenant and regular Special Civil Part). Small Claims cases allow one party to sue another for monetary damages. Procedures for small claims court in New Jersey are much simpler than in other courts. Because of this, one is able to file and present a case quickly and inexpensively. Generally, people file their own cases and represent themselves in court. In Atlantic, one can only file an action seeking up to, and including, $3,000. This is true for all Small Claims Courts in New Jersey (no matter what County they are filed in). If a party has a claim more than $3,000, but less than $15,000.01, than the case should be filed in the regular Special Civil Part. Word of Caution: If your claim is for more than $3,000, you can file it in small claims court, but you give up your right to collect any money in excess of $3,000. You cannot recoup this excess in a separate or subsequent action.
New Jersey Special Civil Part
Special Civil Part handled cases where the amount exceeds the limits of small claims court but is not asking for more than $15,000. In these cases, the rules are not as relaxed as in Small Claims Court. Note: If your case exceeds $15,000, it needs to be filed in the Law Division of your County’s Superior Court.
New Jersey Ombudsman
Each County in New Jersey has an Ombudsman. They can assist you with questions you may have about your small claims case. Visit the County page you are interested in to find out the contact information for the Ombudsman assigned to your county.
Appeals from New Jersey Small Claims Court Cases
If a party doesn’t agree with a decision on a small claims court case, an appeal may be filed to the Appellate Division of the Superior Court within 45 days of the judgment. You need to file a Notice of Appeal, a copy of the Request for Transcript, and a Case Information Statement within the 45 days with the Clerk of the Appellate Division located at the Hughes Justice Complex, Trenton. You also need to provide copies to all the parties to the case (usually the opposing party or parties), the clerk of the Special Civil Part where your case was first heard, and the judge who decided the case. Additionally, the person seeking an appeal has to pay a filing fee of $200. An additional deposit of $300 is required to be posted within 30 days (of the Notice of Appeal). This deposit can be used to pay settlement costs or court costs associated with the appeal if you lose on appeal. This deposit is returned to you if you prevail. Additionally, you need to obtain a copy of the transcript from the original trial. The transcript is a copy of the record of what happened in court on the day of the trial (and reads much like a script). The transcript can be expensive. You are required to post the estimate for the cost of the transcript. Alternatively, you will be charged $300 for each day or partial day of trial transcript required for the appeal (most small claims court cases only require part of a court’s day). Because of the expense of an appeal, it is very important to ensure you are ready and prepared for the original trial – to save you the time and headaches of appealing an incorrect ruling. For additional information on appeals from small claims court judgments in New Jersey, contact the Office of the Clerk of the Appellate Division at (609) 292-4822.
Note: If you are under 18, the complaint for a small claims court action must be completed by an adult.
I need to file a claim for damage to my condo (2nd time). Owner above me who rents to tenants is unwilling to work with me. How do I proceed? I can’t find any forms online or information for how to begin. Do I need to go to the courthouse in Somerville to begin procedures?
Thank you for your quick reply.
Carol Groote
Hello. I need to file a claim as a motorist who was driving with a suspended license hit me and caused damage to my car and is not paying. I can’t find any forms online and can’t contact the court with the number given. How do I file a claim and/or do I have to go to the court to do this. Thank you!
Please let me know how I get started in filing a smaill claim. Also, if I have multiple issues (e.g. faulty workmanship, breach of contract and damage or loss of personal property, may I include all three in the same claim for the same incident against the same party?
Susan
we need to close a case that was processed in your court so we need to know how/where to file this warrant to satisfy judgment to end it.
so please we need to know address phone number and who is the person that we need to contact to resolve this matter ASAP.
thanks
Bought a car from ford dealer in June traded it in four weeks later ford owes me 2,750 for extended warrantee, been back to the dealer many times and still have no replay from the dealer”we are working on it!no one returns call! I am at a lost with this what can I do to get this money back!the car is gone and I don’t need fords extended warrentee
I need to sue the city of Newark, for breach of contract
do I have to give them any prior notice
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Not clear what “doing business in” means. Does an airline that sells tickets everywhere via phone and internet “do business” in every county in the country?
What is the smallest amount I can file for?
Please advise is I have a case, before I pursue, movers were hired, and in the mist of it all a couple of item were scratch or damaged.
Where do I find the form to fill out to submit to the court?
How do I excercise a lien against someone? I already have a judgement from a few years back and now that they are working I would like to get the money I was awarded.
Thank you
Theresa Beun
This is the agreement I signed with the school, but it has been a month and the school did not give me money,I would like to consult you what way can I do?thank you so much.
I want to initiate a “Small Claims” action in the amount of $3000.00 against a potential defendant (business).
I cannot find a web site that has the necessary forms that I need to download (Claim and Summons, etc.) This would be an action in Mercer County, New Jersey.
Can you direct me to the proper web site so that I may download these forms?
Thank you.
I had a court date that was adjourned from 12/05/17 to 12/19/17. I am going to be away on that date who can I contact to have the date changed?
You list the wrong zip code for Ocean County Court, Toms River. it is 08753
I paid deposit of $5500 to National Floors Direct, Long Island City, NY. I cancelled their contract within 3 days they require by Certified Mail. They are not returning the deposit.
I am in New Providence, New Jersey. Can I file the claim in New Providence, New Jersey small claims court?
Thanks
Purchased and extended warranty from spring field aura on route 22 for a used vehicle a bought from them shortly after I canceled the warranty and asked for my money back. The warranty came with a money back guarantee spring field aura cancelled the warranty but refuse to give me back the money or even retuning any phone calls do I take this matter to small claims court.
Hello need copy of my samall claims settlement which took place in freehold court
called732 677 4223 call will not go thru thank you bob boss
i need to file a claim against my contractor who did not finish my job and in distribute with a sub , came by and stole 3000 dollars worth I beams from my house.
Dropped my car of to mechanic on Jan 3 mechanic kept car for 2 months car halfway fixed then sent my car to another mechanic where I had to pay more money then I towed it to another mechanic and my car still isn’t right. I need to sue this mechanic I’m out $5400
al of the phone number for small claim court are wrong and they dont give you a referral to correct number to call
I need to file a claim on a GMB contruction in bridgeton nj…I gave the owner Genna mercedes borgese 500 dollar deposit for her to paint a property and she never showed up to do the job.
Who is the clerk of the special civil part in Elizabeth New Jersey.
Anna
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Are you able to email me small claims suit paper work to gquinn@conklinandkraft.com? It will be appreciated. Thank you.
My house was painted and the contractor back spayed my neighbors trucks 1260.00. My driveway My roof My porch My fence everything is green. And he is not responding Rodregues construction.