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New Jersey Small Claims Court Information

  • Statues: New Jersey Rules of Court, Part VI Rules Governing Practice in the Law Division, Special Civil Part Rules 6:1- 6:12.
  • Dollar Limit: Small Claims: $3,000 (or return of security deposit with damages not exceeding $5,000); Special Civil Part: $15,000.
  • Where To Sue: Where defendant resides. Corporation has residence where its office is located or anywhere it is doing business. Nonresident defendants Where breach or injury occurred.
  • Service: By sheriff, plaintiffs attorney or attorneys agent, Officers of the Special Civil Part, or disinterested adult. Registered or Certified mail, return receipt requested.
  • Hearing Date: Set by court.
  • Attorneys: Allowed.
  • Transfer: If plaintiffs claim or defendants counterclaim exceeds $15,000, case tried under regular civil procedure of Civil Part.
  • Appeals: By either side for review of law, not facts; to Appellate Division of Superior Court within 45 days.
  • Special Provisions: Small claims (damages up to $3,000) are limited to tort or contract cases, tenant-landlord actions, or security deposit cases as defined above. Equitable relief available. Right to sue may not be transferred. Jury trials are available by written demand.

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2009. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.