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How to File in Small Claims Court in New Jersey

A practical filing guide for small claims cases in New Jersey. Designed for self-represented claimants. Not a law firm and not legal advice.

Verified
Source checked: 2026-04-30

New Jersey Special Civil Part small claims are for lawsuits of $5,000 or less. Filing is $35 for one defendant, $5 for each additional defendant, and current mail service is $10 per defendant.

Official source
Filing Fee
$35 plus $5/additional defendant and service
Max Claim
$5,000
Court
Small Claims Section - Special Civil Part
Statute
N.J. Special Civil Part Small Claims Rules

Step-by-Step Filing Instructions

1

File the Small Claims Complaint in the Special Civil Part of Superior Court

2

File in the county where at least one defendant lives, does business, or where the claim occurred if no defendant is in New Jersey

3

Use small claims for cases up to $5,000, including security-deposit claims up to that amount

4

Pay $35 for one defendant plus $5 for each additional defendant, or request a fee waiver

5

Remove confidential personal identifiers from documents before filing

Required Forms

  • -Small Claims Complaint
  • -Small Claims Summons
  • -Fee Waiver form, if needed

How to Serve the Defendant

The court serves by certified and regular mail for a $10 per-defendant service fee. If mail service fails, court officer re-service fees may apply.

Tips for Winning in New Jersey

-Bring ALL documentation - contracts, invoices, texts, emails, photos
-Arrive early and dress professionally
-Be concise - judges hear dozens of cases per day
-Stick to facts, not emotions
-Bring copies of everything (one for you, one for the judge, one for the defendant)
-Know the limit - current display: $5,000. Verify with the court source before filing.
-Send a demand letter first to document the claim before escalating

Frequently Asked Questions

Do I need a lawyer for small claims court in New Jersey?

CollectNow is designed for self-represented claimants. It is not a law firm and does not provide legal advice.

How long does the process take?

From filing to hearing, typically 30-60 days in New Jersey. Many cases settle before the hearing after receiving the demand letter.

What if I win but they still don't pay?

You can use enforcement tools like wage garnishment, bank levies, and property liens to collect. CollectNow provides all these documents.

Can I sue someone in New Jersey if they live in another state?

Generally, you must file in the state where the defendant lives or where the transaction/incident occurred.

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