Burlington County Small Claims Court
Caution: A minor cannot file an action in small claims court on their own behalf. He or she must have their parent or guardian file it on their behalf.
Special Civil Part Cases
The Special Civil Part handles cases where the amount in controversy (amount being sought by plaintiff) is more than $3,000, but less than or equal to $15,000). The rules are more formal than in small claims. Cases exceeding $15,000 are filed in the Law Division.
Burlington County Small Claims Court Location
The Small Claims Court is located here:Burlington County Central Processing Office Attention: Special Civil Intake, Courts Facility 49 Rancocas Road Mount Holly, NJ 08060
The Court’s telephone number is (609) 518-2623.
Should I file my small claims case in Burlington County?
A case may be filed in a County if at least one defendant resides there (or the 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 Burlington County, 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 none of the defendants reside in any New Jersey County, you are then allowed to file the action where the cause of case occured.
Which locations are served by the Burlington County Small Claims Court?
The Burlington Court serves the following areas: Evesham Township, Mount Laurel Township, Willingboro Township, Pemberton Township, Medford Township, Burlington Township, Moorestown Township, Maple Shade Township, Delran Township, Cinnaminson Township, Lumberton Township, Florence Township, Bordentown Township, Southampton Township, Burlington, Mount Holly Township, Edgewater Park Township, Westampton Township, Mansfield Township, Riverside Township, Chesterfield Township, North Hanover Township, Palmyra, New Hanover Township, Tabernacle Township, Shamong Township, Hainesport Township, Eastampton Township, Delanco Township, Medford Lakes, Bordentown, Springfield Township, Riverton, Beverly, Woodland Township, Bass River Township, Pemberton, Wrightstown, Washington, and Fieldsboro.
What Actions are Normally Filed in Burlington Small Claims Court?
- Breach of contract (written or oral)
- Seeking Return of a Down Payment
- Action for Property Damage to a Motor Vehicle
- Property Damage Or Loss
- Consumer complaints of faulty workmanship or defective merchandise
- Payment for Labor Performed
- Action for Payment on NSF Check
- Actionf or Back Rent
- Return of security deposit (remember special rule can sue up to and including $5,000)
Burlington County Ombudsman
Each County in New Jersey has an Ombudsman. One of the tasks charged to the Ombudsman is to assist you with questions regarding your small claims court case. The ombudsman for Burlington County is Heshim J. Thomas, Esq.. They can be reached at 609-518-2530. The fax number is 609-518-2539. Their email address is BurOmbudsman.email@example.com.
Types of Claims that CANNOT be filed in Small Claims Court:
- Any malpractice action (these are usuall filed against doctors, lawyers, dentists, etc.)
- Support or alimony (from a marriage or domestic dispute)
- Any action regarding a payment under a will (or other probate matters)
Burlington Small Claims Court Appeals
If a party does not agree with the court’s decision on a case, the party can appeal the case to the Appellate Division of the Superior Court within 45 days of 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 file these documents with all parties to the case, the clerk where your case was first heard, and to the judge who made the ruling. You must also pay a $200 filing fee with the Notice of Appeal and deposit an additional $300 with the Clerk of the Appellate Division within 30 days of the Notice of Appeal. The deposit is used for settlement costs or court costs and is returned to the appealing party if they prevail on the appeal. A transcript of the original trial proceedings needs to be obtained. The transcript is the official record of the proceedings and should have everything that was said at the trial. This can be expensive. Generally you will be required to post an estimate of the cost of the transcript or $300 for each full or partial day of trial. Due to the high expense of the appeal process (and additional time you have to wait), we encourgae all small claims litigants to have their evidence and witnesses ready and be prepared to succintly state their position to the court at the initial trial. Additional information and answer to most questions can be found by contacting the Office of the Clerk of the Appellate Division for New Jersey at (609) 292-4822.
Small Claims actions are heard in the Special Civil Part of Burlington Superior Court. The Special Civil Part also ears Landlord/Tenant cases and regular civil cases (that are filed in Special Civil Part because the amount sought is below a certain amount). Small Claims is a court where someone (the plaintiff) may bring an action against another person (the defendant) for money the plaintiff believes the defendant owes for one reason or another. Procedures for small claims court in New Jersey are much simpler than in other courts. These simplified rules allow a party to present their case in an expedient and cost-effective manner. Because the rules are more relaxed, usually most parties represent themselves in small claims court (as either plaintiff or defendant). In Burlington, 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.