New Jersey Small Claims Court Guide
Everything you need to know about filing a small claims case in New Jersey — dollar limits, filing fees, court locations, and step-by-step guidance.
New Jersey Quick Facts
Maximum Claim
$3,000 (Small Claims) / $5,000 (Special Civil)
Filing Fee
$45 (Small Claims) / $87 (Special Civil)
Court fees added to your case — not due today
Court
Special Civil Part (Superior Court)
Overview
Small Claims in New Jersey
New Jersey small claims court is handled by the Special Civil Part of the Superior Court and provides a simplified process for resolving civil disputes. Small claims are capped at $3,000, while claims between $3,001 and $15,000 are filed in the Special Civil Part under slightly more formal procedures. New Jersey's system is designed to be accessible and affordable for individuals and businesses.
Filing fees in New Jersey are $45 for small claims and $87 for Special Civil Part cases, which conveniently includes the cost of service of process. These fees are recoverable as court costs if you win your case. The informal small claims proceedings are designed for self-represented litigants, and attorneys are not permitted to appear in small claims court.
New Jersey small claims court is commonly used for collecting unpaid debts, recovering security deposits, seeking compensation for property damage, and resolving breach of contract matters. The court can award monetary judgments, including filing fees and court costs. The $45 filing fee for small claims includes service, making it one of the more affordable options when service costs are considered.
To file, you must submit a statement of claim to the Superior Court, Special Civil Part, serving the county where the defendant lives or where the dispute occurred. The court handles service of process as part of the filing fee. The hearing is usually scheduled within 30 to 60 days.
Where to File
File in the Superior Court, Special Civil Part, of the county where the defendant lives, works, or where the incident occurred. For business defendants, file where the business is located or where the contract was to be performed.
Service of Process
The filing fee includes service of process. The court arranges service by certified mail and regular mail. If mail service fails, you may arrange alternative service through a process server at your own expense.
Statute of Limitations
Written contracts: 6 years. Oral contracts: 6 years. Property damage: 2 years. Personal injury: 2 years. Fraud: 6 years from discovery.
Appeal Rules
Either party may appeal to the Superior Court within 45 days. The case is retried de novo.
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