Most people can't afford to hire an attorney to litigate on their behalf, especially when a relatively small dollar amount is at stake. Small claims court solves this problem. The small claims court procedures are simplified, quick, and inexpensive, making it an excellent forum for straightforward disputes, such as security deposit cases or automotive repair disputes—plus, there's no need to hire a lawyer. Read on to learn the basics of how to file a small claims case in the Special Civil Part, Small Claims Section, the court that handles small claims in New Jersey.
What Is the Dollar Limit in New Jersey Small Claims Cases?
Because of the relaxed procedures, you won’t be able to recover as much in small claims court as you would in other courts. You can recover up to $5,000 in a New Jersey small claims court action. (New Jersey Rules of Court, Rule 6:1-2 (2025).)
If you’d like to recover more, you must go to a higher court. However, it might not be worth the effort required to learn the complicated rules or the expense of hiring an attorney.
What Type of Claim Can I Bring in the Small Claims Section of the New Jersey Special Civil Part Court?
Almost any matter that can be resolved by awarding money is fair game. Small claims court is often used to recover unpaid debts, wages, security deposits, and medical costs after minor injuries, such as dog bites. For instance, small claims court works well if you want reimbursement for your rental unit’s broken fence after an unapproved Airbnb party or for a door ding incurred in a parking lot.
"Defendants" or those sued can include mechanics, dry cleaners, and caterers who fail to provide the agreed-upon services. Or, if a retailer doesn’t give you a refund after your lawn mower malfunctions or your hair dryer catches fire, you can use small claims court to bring a defective merchandise claim.
Small claims court probably won’t be the proper forum if you want something other than money. For example, you must go to a family law court if you want to file for divorce or change child custody. And, unlike in some states, landlords cannot file eviction lawsuits in New Jersey the Small Claims Section; they must file in the Landlord-Tenant Section instead.
Also, typically, most small claims courts won’t allow you to ask for punitive or “punishment” damages, bring libel or slander actions, or sue a governmental entity. Because the actions you can bring in small claims court vary by state, check your local small claims court website for specifics.
How Do I File a Small Claims Action in New Jersey?
The first step is filling out the necessary forms for your claim and paying the required fees. You'll need the name and address of the defendant (the person or business you're suing). You'll also need details about your claim, including the date the claim arose and the amount you intend to ask for, known as your "damages." Because each small claims court has its own local rules, and some have specific forms, more particulars might be needed.
If you are at least 18 years old and asking for less than the small claims court limit, you can file a claim in New Jersey’s small claims court. Those under 18 must be emancipated or have a parent or guardian file on their behalf.
Also, most small claims courts allow business entities, such as corporations or partnerships, to bring actions in small claims courts. Consult your small claims court clerk or website for special rules.
How Much Time Do I Have to File a Small Claims Action in New Jersey?
A limited amount because you must bring a lawsuit within the “statute of limitations” period. Limiting time helps courts resolve cases while memories are fresh and evidence is still available.
How many years you'll have under the statute of limitations will depend on whether it's an injury or property damage case, an oral or written contract matter, or another cause of action. (Here are the statutes of limitations for some common causes of action in New Jersey.)
Also, the rules aren't always as simple as they seem. For instance, the statute of limitations will stop temporarily, or “toll,” in some situations, such as if the plaintiff is a minor or incarcerated.
Caution: Check the applicable statute of limitations carefully. When conducting statute of limitations research, be thorough. You’ll lose the ability to pursue your case if you rely on the wrong statutory period and file too late.
Which New Jersey Special Civil Part Court Should I File In?
In New Jersey, you’ll file your small claims matter in the Small Claims Section of New Jersey Special Civil Part Court. If you choose the wrong location, or "venue," the defendant can ask the court to move or dismiss the action.
The general venue rules of the New Jersey Special Civil Part Court require you to file in the following county:
- where at least one individual defendant resides
- where a business entity’s registered office is located or doing business, or
- in security deposit claims, where the landlord lives or the rental property is located.
(New Jersey Rules of Court, Rule 6:1-3 (2025).)
If the defendant is a non-resident of New Jersey, or if the defendant's residence is unknown, other rules will apply, and other exemptions might exist. Consider reviewing the small claims court website, contacting the court clerk or self-help center, or speaking with a lawyer to ensure you file your action correctly.
You can find information about a business entity on New Jersey’s Business Records Service webpage.
Can I Hire a Lawyer to Represent Me in Small Claims Court in New Jersey?
If you’re uncomfortable representing yourself, you can hire a lawyer. Legal counsel can represent claimants in New Jersey small claims court, but you're not required to hire an attorney. If you do decide to consult a lawyer, friends and family are typically good referral sources, or you can try an online directory.
How Do I Serve My Small Claims Action in New Jersey?
You must inform the defendant when and where to appear in the small claims action. You accomplish this by delivering a copy of the small claims action in a procedure known as “service of process.”
In New Jersey, you’ll have some help completing service of process because New Jersey law allows the court clerk to serve the papers by certified or regular mail, or, at the plaintiff's request, personal service by a court officer. The procedures can vary depending on the court, so check the local rules.
Does the Defendant Need to Respond to a Small Claims Action in New Jersey?
Written responses aren’t allowed in the Small Claims Section, although you should verify this with your local court. (New Jersey Rules of Court, Rule 6:3-1 (2025).)
Find out more about defending a small claims action.
How Do I Get Ready for Trial in Small Claims Court?
Most people don't enjoy appearing in court, and stress can run high. In small claims court, you won’t need to worry about details like jury selection. A judge will decide the case. However, a defendant who wants a jury trial must make a request for one at least five days before return of the summons. The case will be transferred to the regular division of the Special Civil Part. (New Jersey Rules of Court, Rule 6:5-3 (2025).)
The best way to ensure that you'll do well before the judge or jury is through careful preparation. Consider doing the following:
- preparing a compelling statement
- gathering documents and evidence, such as contracts, credit card statements, and photographs
- selecting reliable witnesses (people who saw what happened or experts on the subject matter of the claim involved) to come to court to tell what they have seen or heard (they might be able to submit a statement)
- deciding on the order in which you will present your evidence, and
- preparing what you will say in court.
Also, outline the points you plan to make to avoid missing anything and organize the exhibits you want to introduce according to when you'll use them.
It's a good idea to educate yourself on the basic rules of evidence because they apply in small claims court. However, proving your “damages” or the amount you've lost can be simpler because the judge can consider estimates, bills, and other loss statements.
What Happens If the Other Side Doesn’t Show Up?
You'll likely win by default. However, you won't automatically get the requested claim amount. Be prepared to "prove up" your damages. You'll explain to the court how you determined the amount of loss and present supporting evidence.
What Happens If I Win My New Jersey Small Claims Case?
The judge will order the other party to pay a specified amount if you win. Some judges announce the decision immediately following the hearing. However, in most courts, the clerk will “enter” or file and mail the judge's decision a few days after the hearing.
How Do I File a New Jersey Small Claims Court Appeal?
If you disagree with the outcome of the case, you can appeal. But you'll have to move fast. You'll lose your rights if you don't file an appeal on time.
Calculating how much time you have can be tricky. New Jersey law allows either party to file an appeal within 45 days from the date of judgment. Be sure to begin counting from the right date. Contact the court clerk if you’re having a difficult time locating it. (New Jersey Rules of Court, Rule 2:4-1 (2025).)
Caution: Check the dates carefully. You must comply with appeal requirements explicitly. If unsure about the appeal process, follow up with the self-help center or a local attorney.
How Do I Collect a Money Judgment?
Ideally, all will go smoothly, and you’ll emerge the victor. But the matter won't be over if the defendant isn't willing to pay the court judgment because the court won't collect the money judgment for you. You'll need to take steps to collect the money judgment.
If you analyzed your chances of getting paid before filing, you likely determined that the defendant wasn't “judgment proof,” or someone who doesn't have collectible assets. However, not every plaintiff does this research beforehand. Either way, the next step is learning how to collect your small claims money judgment.
Most people try to levy a bank account or garnish wages first because these approaches are usually more fruitful than trying to recover property. If you don't know where to find the defendant's assets, your court will likely have a discovery process that will let you find out.
In some courts, you'll send out a questionnaire. In others, you'll ask the defendant asset-related questions at the courthouse under oath in the hallway. The judge doesn’t get involved unless the defendant refuses to answer a valid question.
Where Can I Get More New Jersey Small Claims Court Information?
You can also view New Jersey statutes on the New Jersey Department of State's website, and the state's court rules on the New Jersey Courts' website. See N.J. Stat. §§ 2A 18-66, 67, 69, 71; New Jersey Rules of Court, Rules 1:40-6; 2:4-1; 6:1 to 6:12-2.
Most small claims courts have some self-help service available, and that's usually a good place to start. For example, the New Jersey Courts' website has a helpful small claims page.
You’ll also find detailed small claims information in Everybody's Guide to Small Claims Court, by Cara O'Neill (Nolo). It includes helpful tips covering all aspects of the small claims process, including preparing a compelling case and collecting the money when you win.