A landlord kept your deposit, a contractor walked off the job, a dry cleaner ruined your coat. In New Jersey you can sue for up to $5,000 in the Superior Court, Special Civil Part, Small Claims Section, without hiring a lawyer. Check your case below, then follow six steps.
Answer a few questions. The result updates as you type.
New Jersey doesn't require a demand letter before you file, but sending one is a good way to settle and to create proof. A short, dated demand letter is the best proof. Use the generator below and keep a copy.
The Special Civil Part office in the county where a defendant lives or where a business defendant does business. For a security deposit case, you can also file in the county where the rental is.
How To Sue In Small Claims Court kit with the Small Claims Complaint and Summons (car-damage cases use a separate kit). The court sets the trial date and mails a postcard to both sides.
$35 to file for one defendant plus $5 for each extra defendant, and $10 per defendant for the court to mail the papers, so a typical case costs $45. Pay by check or money order to 'Treasurer, State of New Jersey', by card online, or in cash in person. If you can't afford it, ask for a fee waiver: Ask the judge to waive fees because you can't afford them (indigency application at the Special Civil Part office).
You don't serve the papers yourself. The court mails them by certified and regular mail; if that fails, a court officer can deliver them for a re-service fee. If the defendant can't be served, give a new address and pay re-service within 60 days of filing, or the case is dismissed.
Bring receipts, photos, texts, the contract and your demand letter, with three copies of each. If they don't pay, ask for a writ of execution to levy a bank account or property, or a wage execution. Unpaid car-accident judgments over $500 can lead to license suspension.
Want every detail? The full filing guide walks you through all 7 stages, from finding the defendant's legal name to collecting your money, with a checklist.
Open the filing guideFill in the details, then download the letter as a PDF or Word file, or copy the text. Send it by certified mail or email so you can prove the date.
Miss this date and the court will dismiss your case, however strong it is. Sales of goods follow the 4-year UCC rule.
| Type of claim | Deadline |
|---|---|
| Broken written contract (lease, invoice, signed agreement) | 6 years |
| Broken verbal agreement | 6 years |
| Damaged property | 6 years |
| Personal injury | 2 years |
| Fraud | 6 years |
| Libel or slander | 1 year |
| Claims against a government agency | File a written notice of claim with the public entity within 90 days, then wait 6 months before suing. |
You don't need a lawyer, and most people speak for themselves. A business can send an authorized officer or employee instead of a lawyer.
Small Claims takes cases up to $5,000, including a tenant's claim to get a security deposit back (the $5,000 includes any double-damages penalty). Cases from $5,000 to $20,000 go to the regular Special Civil Part. If you sue for more than the limit, you give up the extra for good. Otherwise, you can give up the amount above the limit, or file a regular civil case where the rules are stricter.
Either side can appeal to the Appellate Division within 45 days of the judgment. It costs a $250 filing fee and a $300 deposit, plus the transcript.
Interpreters are free. Tell the Special Civil Part office as early as you can.