How to File a Small Claims Case in New Jersey's Special Civil Part

The Special Civil Part is a division of the New Jersey Superior Court. Its Small Claims Section generally handles money claims of $5,000 or less, while the broader Special Civil Part may hear other eligible civil claims up to $20,000. It is governed by Part VI of the New Jersey Court Rules (R. 6:1 et seq.). Confirm which track fits a claim using the New Jersey Courts Small Claims guidance.

Common cases in the Special Civil Part include:

• Landlord-tenant disputes (security deposit returns, property damage)
• Contractor disputes (unpaid work, defective work)
• Consumer disputes (defective products, service contracts)
• Auto accident property damage claims
• Unpaid loans between individuals
• Breach of contract claims

You must file in the Special Civil Part of the county where the defendant lives or does business, or where the cause of action arose. New Jersey has 21 counties, each with its own Special Civil Part. Filing in the wrong county will result in the case being transferred or dismissed.

If you are suing a business, you may file in the county where the business has its principal place of business or where the transaction occurred. For landlord-tenant security deposit claims, file in the county where the rental property is located.

The complaint is filed on the official NJ Courts form (Form 10A for Small Claims, Form 10B for Special Civil Part). The form asks for:

• Your name and address (plaintiff)
• The defendant's full legal name and address (critical — a judgment against a wrong name is unenforceable)
• A brief statement of the facts of your claim
• The amount you are claiming (including any interest)

Filing fees and fee-waiver procedures are set by the court and can change. Check the current court forms and fee schedule before filing; fee waivers may be available for people who qualify.

The Judiciary's current instructions describe electronic document submission through JEDS as well as filing by mail or through the appropriate court office. Follow the current filing instructions for the county and case type.

After filing, the court will mail a copy of the complaint and a summons to the defendant. In the Special Civil Part, service is typically accomplished by the court through certified mail. If the defendant refuses or fails to accept certified mail, you may need to arrange for personal service by a process server or the county sheriff.

The case cannot proceed until the defendant has been properly served. If service fails, the court will notify you and you will need to provide an alternative address or arrange alternative service.

The hearing is typically scheduled 25–40 days after the complaint is filed. Both parties appear before a judge (or, in some cases, a court-appointed arbitrator for claims over $5,000). The hearing is informal compared to a full trial — you do not need to follow the formal rules of evidence, and you can tell your story in plain language.

Bring all relevant documents: contracts, receipts, invoices, photographs, text messages, emails, and any written estimates or repair bills. If you have witnesses, they may testify. The judge will ask questions and may rule from the bench or issue a written decision within a few days.

If the defendant does not appear, the court will typically enter a default judgment in your favor — but you still need to prove your damages.

Winning a judgment does not mean you automatically receive payment. If the defendant does not pay voluntarily, you must take steps to enforce the judgment:

• Wage garnishment: You can apply for a wage execution to garnish up to 10% of the defendant's disposable earnings.
• Bank levy: You can obtain an information subpoena to identify the defendant's bank accounts, then apply for a bank execution to levy the account.
• Property lien: A Special Civil Part judgment can be docketed in the Law Division to create a lien on the defendant's real property in New Jersey.

Judgments in New Jersey are valid for 20 years and can be renewed. Interest accrues on unpaid judgments at the post-judgment interest rate set by the New Jersey Supreme Court.