If someone owes you money (a contractor who walked off the job, a landlord who kept your deposit, a buyer whose check bounced), New Jersey gives you two simpler courts to use: Small Claims for up to $5,000, and the regular Special Civil Part for up to $20,000 [1][2]. Both are part of the Superior Court’s Special Civil Part, and you can use either without a lawyer.
At a glance
- Small Claims limit
- $5,000 [1]
- Special Civil Part limit
- $20,000 [1][2]
- Security deposit claims in Small Claims
- Up to $5,000 [1]
- Small Claims filing fee
- $35 for one defendant, $5 each extra [1]
- Special Civil filing fee
- $50 up to $5,000; $75 above that [2][3]
- Appeal deadline
- 45 days from the final decision [1]
Which court fits your case
| Amount you're suing for | Court | Filing fee (one defendant) |
|---|---|---|
| Up to $5,000 | Small Claims Section, Special Civil Part | $35 |
| $5,000.01 to $20,000 | Regular Special Civil Part | $75 |
| Over $20,000 | Law Division, Civil Part | Not covered here |
Small Claims is one of three sections inside the Special Civil Part. The other two are Landlord/Tenant and the regular Special Civil Part [1].
What Small Claims handles
Typical cases include broken written or oral contracts, returning a down payment, car accident property damage, defective goods or poor workmanship, unpaid work, bad checks, back rent, and a tenant’s security deposit up to $5,000 [1].
It can’t handle professional malpractice claims (against a doctor, dentist or lawyer, for example), support or alimony claims from a marriage or domestic dispute, or probate matters [1]. The Special Civil Part also only hears claims for money [2].
How to file
- File in the right county. Use the Special Civil Part office in the county where at least one defendant lives or where the business is. A business counts as located anywhere it actually does business or where its registered office is. If no defendant is in New Jersey, file where the problem happened [1].
- Fill out the complaint. The forms and instructions are free at njcourts.gov and at any Special Civil Part office. Give your name, address and phone number, the correct name and address of each defendant (and whether it’s a person, sole proprietorship, partnership or corporation), the amount, and why it’s owed [1].
- Leave out personal identifiers. Don’t include Social Security numbers, driver’s license numbers, active account or card numbers and similar details unless a rule requires it. You can give the last 4 digits of an account if it’s what the case is about [1].
- File it. You can file electronically through the Judiciary Electronic Document Submission system (JEDS ), by mail, or in person [1][2].
- Pay the fees, or ask to have them waived. If you can’t afford the fees, you can apply to the court to be treated as indigent, and the judge may waive them [1].
The court mails the complaint and summons to the defendant, so the case can’t move forward without a correct address [2].
What it costs
| Item | Fee |
|---|---|
| Small Claims complaint, one defendant | $35 |
| Small Claims, each additional defendant | $5 |
| Service by certified and regular mail, per defendant | $10 |
| Special Civil complaint, $5,000 or less | $50 |
| Special Civil complaint, over $5,000 | $75 |
| Special Civil, each additional defendant | $5 |
| Special Civil jury of six | $100 |
Checks and money orders are made out to the Treasurer, State of New Jersey [1][3].
If you’re the one being sued
In the regular Special Civil Part, each defendant must file a written answer within 35 days of the date on the summons [2]. In Small Claims, you must come to court at the time and date on the summons. If you don’t, the court can enter a default judgment against you [1].
Trial day
Bring your witnesses and your paperwork: canceled checks, receipts, bills, contracts, estimates, leases, letters and photos. A written statement from a witness, even a sworn one, isn’t accepted; witnesses have to testify in person [1].
On the trial date, the court first offers a settlement conference with a trained neutral person who isn’t a judge. If you can’t agree, the judge will likely hear the case that same day [1]. If you settle before trial, call the Special Civil Part office so the case is marked settled [1].
After the decision
Winning a judgment doesn’t collect the money for you. The Judiciary’s free “Collecting a Money Judgment” brochure explains the next steps [1].
Either side can appeal to the Appellate Division within 45 days of the final decision. The filing fee is $250, plus a $300 deposit, and you’ll also need a transcript of the trial [1].
Sources
Common questions
What is the small claims limit in New Jersey?
$5,000. Claims above $5,000 and up to $20,000 go to the regular Special Civil Part, and claims over $20,000 go to the Law Division of the Superior Court.
How much does it cost to file small claims in New Jersey?
The Judiciary's Small Claims FAQ lists $35 for one defendant and $5 for each additional defendant, plus $10 for each defendant served by certified and regular mail. If you can't afford it, you can ask the judge to waive the fees.
Do I need a lawyer for small claims in New Jersey?
No. The Judiciary says people often file and present small claims cases without an attorney. You must be 18 or older to sue; a parent or guardian files for anyone younger.