How do I file a small claims case in New Jersey to recover money owed?
In New Jersey, people commonly use the Small Claims Division of the Special Civil Part to seek relatively small amounts of money. Filing starts by submitting a small claims form and paying the required filing fee; hearings are informal and testimony is given under oath. A judge will hear evidence and decide the case based on what is presented at the hearing.
If the court awards a judgment, that judgment may be entered on the court docket as a judgment of the Special Civil Part. Costs for filing and for other papers in the Law Division are set by statute, and service fees are set by court administrative rules. Parties often bring documents, receipts, photos, and any written communications to support their claim at the hearing.
Current New Jersey law
Every answer cites the statute
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What New Jersey law says
The statutes set court fee rules and hearing procedures. Filing fees for small claims are established under N.J.S.A. 22A:2-37.1. Hearings in the Small Claims Division are informal, the judge may receive evidence as deemed appropriate, and all testimony must be given under oath under N.J.S.A. 2B:13-15. A judgment recovered in the Small Claims Division may be docketed as a judgment in the Special Civil Part under N.J.S.A. 2A:18-67. General fee rules for filings in the Law Division are set out in N.J.S.A. 22A:2-6.
What to do
A common first step is to complete the small claims claim form and gather supporting evidence such as contracts, invoices, receipts, and messages.
A common next step is to file the claim with the court clerk and pay the statutory filing fee required for a small claim.
A common step is to arrange service of the claim on the defendant in the manner the court requires, noting that service fees are set by court administration.
A common step is to prepare to present evidence and testimony under oath at the informal hearing before the judge.
A common step after a favorable decision is to ask the clerk about docketing or enforcing the judgment as allowed by statute.
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Common questions
What fees will I pay to file a small claim in New Jersey?
Statute establishes filing fees for small claims and related filings; the clerk will charge the fee listed for filing a small claim. Fees for other papers in the Law Division are set by statute.
How formal is the small claims hearing?
Hearings are informal; the judge may receive evidence the judge deems appropriate, but all testimony must be given under oath under the statute governing Small Claims Division procedure.
Can I bring an attorney to small claims?
The statute provides that a party may appear on the party's own behalf or by an attorney, or by another person as the court rules permit.
If I win, can the judgment be entered elsewhere in the court system?
Yes, a judgment recovered in the Small Claims Division may be docketed as a judgment in the Special Civil Part as provided by statute.
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This content provides legal information only, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
