In the New Jersey court system, the Superior Court is the trial level court. Within the Superior Court, all cases not exceeding $15,000.00 are heard in the Special Civil Part division. Within the Special Civil Part, there is a Small Claims Section for cases not exceeding $3,000.00.

The lawsuit must be filed in the county which at least one defendant lives. As plaintiff, you start the case by preparing and filing a summons and complaint with the County Clerk (whose office is usually in the County Courthouse in the county seat.) The Clerk generally has blank forms available. Forms are also available on line at www.judiciary.state.nj.us/prose. The purpose of the summons is to advise the defendant that s/he must come to court on a particular date to contest the case or to file a written answer to the complaint). The complaint should state the nature of the claim and describe the details of the claim.

The filing fee is $22.00 for one defendant and $9.00 for each additional defendant. The summons and complaint are served on the defendant by the Court. The service fee is $7.00 for service by mail. These fees are payable at the time of filing.

The summons will advise the defendant whether s/he needs to file a written answer with the court, or alternatively to appear in person in court on a particular date and time. The defendant may also have the right to file a counterclaim against the plaintiff.

At the trial of the case, you will have the opportunity to present your case to a judge or jury. As plaintiff, you must request a jury trial in your complaint. As defendant, you can request a jury trial in any written answer, or if no answer is required, in a letter sent to the court prior to trial.

You will receive at least 14 days written notice of the trial date by the Court. On the trial date, you should bring with you all documents and witnesses which you rely on. The Court Clerk has subpoena forms which you can sue to compel the appearance of witnesses if necessary.

If the plaintiff fails to appear at trial, the case will be dismissed. If the plaintiff appears but the defendant does not appear, the Court may hear some testimony from the plaintiff or require the plaintiff to complete an affidavit as to his/her proofs, and then will enter judgment against the defendant.

For more detailed information, please feel free to request our office brochure, "A Guide to Handling Small Claims".