New Jersey Small Claims Court

New Jersey’s Special Civil Part court system presents an easy, affordable way to litigate a legal dispute of less than $15,000 in value. The Small Claims division handles cases worth less than $3,000, the Special Civil Part division takes on cases between $3,000 and $5,000 in value, and the Landlord/Tenant division handles all landlord/tenant disputes.

While New Jersey residents may represent themselves in Special Civil Part for small claims, they can hire a dedicated attorney if they wish. An Individual or business entity can both sue and be sued under this system.

What types of claims are common?

• Auto repair issues
• Breach of contract
• Property damage or loss of property
• Personal injury
• Security deposit claims
• Money for back rent
• Bad check claims

These courts are a great way for a plaintiff (the person suing) to bring a lawsuit against an individual defendant (the person being sued) without incurring large expenses or getting involved in complicated litigation.

Malpractice claims will not be handled.

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What is the claim limit?

Claims under $15,000; the Special Civil Part division handles cases $3,000 to $15,000 in value, while Small Claims handles cases under $3,000in value.

Where do you file?

You should file your claim in the Special Civil Part office in the county where the defendant resides.

How are claims action cases handled?

Common disputes involve personal injury, property damages, failure to pay, auto repair disputes, and breach of contracts. Landlord-Tenant disputes such as evictions are handled by a special Landlord-Tenant court.

Regarding attorney representation, people can present their cases without an attorney. On the other hand, corporations will need counsel.

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Who is eligible to file?

Business entities and individuals age 18 and over can file a small claim in New Jersey’s Special Civil Part. Children under age 18 must have a qualified adult (parent or legal guardian) file on their behalf.

How do you file?

File a Small Claims Complaint Form with the office of the Special Civil Part. You must provide contact information and names for the plaintiff and all defendants, explain the lawsuit, and state the amount claimed. Payment of a small filing fee is required to file your claim; if you cannot afford the fee, you may file for indigent status and be exempted from this fee by a judge. Part of your filing fee will go towards the service of copies of the lawsuit paperwork on the defendant(s) in question.

Where can you get New Jersey claims assistance?

Court clerks and legal librarians cannot provide legal advice, though they can provide a claims form for filing your small claim in New Jersey. For information, advice, and/or referrals, get in touch with a New Jersey small claims attorney, the New Jersey State Bar Association, or a legal aid society such as Legal Services of New Jersey.

For more state-specific information and links to your state’s small claims court resources, see Small Claims Court Information and Links.

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Case Studies: Illustrating Legal Disputes in New Jersey’s Special Civil Part Court System

Case Study 1: The Dispute Over Property Damages

John, a New Jersey resident, rented an apartment from Jane. During his tenancy, a pipe burst in the apartment, causing significant water damage to John’s personal belongings. Despite John’s repeated requests, Jane refused to compensate him for the damages.

Frustrated, John decided to file a small claim in the Small Claims division of the New Jersey Special Civil Part court system. Representing himself, John presented evidence of the damages and sought compensation for the value of the lost items.

Case Study 2: Breach of Contract in Business

Sarah, a small business owner in New Jersey, entered into a contract with a supplier for the purchase of goods. However, the supplier failed to deliver the agreed-upon quantity of goods within the specified timeframe, resulting in a loss of revenue for Sarah’s business.

Sarah decided to take legal action and filed a claim in the Special Civil Part division. With the assistance of her attorney, Sarah presented evidence of the breach of contract and sought damages to cover her financial losses.

Case Study 3: Auto Repair Dispute

Emily took her car to a local auto repair shop in New Jersey for repairs. However, after paying for the repairs, she discovered that the issue hadn’t been fully resolved. Emily contacted the repair shop to address the problem, but they refused to provide any further assistance.

Feeling deceived, Emily filed a small claim in the Special Civil Part division. She presented evidence of the inadequate repairs and sought reimbursement for the repair costs and additional damages caused by the faulty repairs.

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