Small claims forms · New Jersey
New Jersey small claims court forms, filled in for you
Answer a few questions once. Vera fills in the New Jersey court's own forms from your answers, walks you through anything left, and gives you one packet to file, with how to file it.
Fill in my forms — start freeSign online where the court accepts it. E-filing: JEDS (Rule 1:32-2A). Forms sworn before a notary or the clerk are still signed by hand.
To sue (you're the plaintiff)
Small Claims Complaint (CN 10532, Appendix XI-C)Sign online
The court's own form (www.njcourts.gov)
What to know
- Choose the county you are suing in from the form's County list; Vera leaves it for you. Vera filled you under Plaintiff or Filing Attorney Information and From Plaintiff, the other side under To Defendant, and your name under "Plaintiff's Name Typed, or Printed". From your answers in Court forms it filled your address, email and telephone in both blocks, the defendant's address, email and telephone, the amount after Demand, and your reasons for suing. Check each one, and add an extension if you have one. The Docket Number is "to be provided by the court" (the form). Do not enter personal identifiers such as a Social Security number, driver's license number or account number: the form is a public document (the form's notice; Rule 1:38-7(b)).
- The complaint and the summons each have one defendant block, and the kit does not say how to list a second defendant. If you told Vera about one, Vera did not add them: ask the Office of the Special Civil Part how to list them. The fee is "$15 for each additional defendant" (the court's kit, How to Sue for Up To $5,000 in Small Claims Court, CN 10151, Step 4).
- Check one: Contract, Security Deposit, Rent, or Personal Injury or Property Damage (other than motor vehicle). From what you said the claim is about, Vera checked Contract for an agreement, Security Deposit, Rent, or Personal Injury or Property Damage for damage to your property or an injury; for a loan, an unpaid bill or something else it checked nothing, so check the one that applies: Contract is "a written or oral agreement between you and another person or company" (the court's kit, How to Sue for Up To $5,000 in Small Claims Court, CN 10151, Form A instructions). The form has no separate blank for interest. The amount after Demand is what you claim, "plus costs". Explain in detail why you are suing, adding to what Vera typed from your answer if it leaves anything out and attaching more sheets if you need to (the form; the court's kit, How to Sue for Up To $5,000 in Small Claims Court, CN 10151, Form A instructions). Date the complaint and sign after "s/" on page 2 (the form).
- Small claims hears cases where the demand is "not more than $5,000"; if you sue there for more, "you give up your right to recover damages over the monetary limits". It does not hear malpractice claims against a doctor, dentist, lawyer or other professional, support or alimony, or probate matters, and a motor vehicle accident case uses a separate packet from the court. You must be at least 18, or your parent or guardian files for you (A Guide to Small Claims, CN 10290; the court's kit, How to Sue for Up To $5,000 in Small Claims Court, CN 10151).
- File with the Office of the Special Civil Part in the county where at least one defendant lives or, for a business, where its registered office is or where it does business; if no defendant lives or does business in New Jersey, where the cause of the complaint occurred. "A complaint for the return of a security deposit may be filed in the county where the landlord lives or where the landlord's property is located" (the court's kit, How to Sue for Up To $5,000 in Small Claims Court, CN 10151, Step 5).
- File the complaint, then the summons, with the fee, electronically through JEDS, by mail or in person. The fee is "$45 for one defendant ($35 Filing Fee and $10 certified and regular mail Service Fee)" and "$15 for each additional defendant", by check or money order payable to the Treasurer, State of New Jersey, or by credit card through JEDS. If you cannot afford the fees, you can apply to the court to qualify as indigent (the court's kit, How to Sue for Up To $5,000 in Small Claims Court, CN 10151, Steps 4 and 7; A Guide to Small Claims, CN 10290).
- For a residential security deposit: within 30 days after the lease ends the landlord must return it with the tenant's share of the interest, less itemized charges, by personal delivery, registered or certified mail, and a tenant who wins recovers "double the amount of said moneys, together with full costs" and, in the court's discretion, reasonable attorney's fees (N.J.S.A. 46:8-21.1). Small claims hears deposit cases up to $5,000 "including any applicable penalties", exclusive of costs (N.J.S.A. 46:8-21.4).
Small Claims Summons and Return of Service (CN 10534, Appendix XI-A (2))
The court's own form (www.njcourts.gov)
What to know
- File only page 4, headed "Small Claims Summons and Return of Service – Page 2", with the complaint; Vera leaves the blanks on pages 1 to 3. "Page 1 of the summons is a pre-printed form that the court will attach when it delivers the summons to the defendant" (the court's kit, How to Sue for Up To $5,000 in Small Claims Court, CN 10151, Step 2).
- Choose the county you are suing in from the form's County list; Vera leaves it for you. Below County, enter the address and telephone number of the courthouse you are filing in. Vera filled you under Plaintiff or Plaintiff's Attorney Information and as Plaintiff, and the other side as Defendant and under Defendant Information. From your answers in Court forms it filled your address, email and telephone and the defendant's address, email and telephone; check them (the court's kit, How to Sue for Up To $5,000 in Small Claims Court, CN 10151, Form B instructions).
- Check Contract or Tort, "whether you are suing for breach of contract or a tort", and enter the Filing Fee for the number of defendants; Vera enters no fee. From what you said the claim is about, Vera checked Contract for an agreement and Tort for damage to your property or an injury; for a loan, an unpaid bill, rent, a security deposit or something else it checked neither, so check the one that applies (the court's kit, How to Sue for Up To $5,000 in Small Claims Court, CN 10151, Form B instructions and definitions). From your answers Vera filled the Demand Amount, the same as on the complaint. Leave Service Fee and Total for the court staff, and Attorney's Fees blank unless an attorney represents you (the court's kit, How to Sue for Up To $5,000 in Small Claims Court, CN 10151, Form B instructions). The trial date, "Report to" and the Return of Service are the court's (the form).
- The court mails or delivers the papers to the defendant at the address you give. If the defendant cannot be found there, you must give another address and pay a reservice fee "within 60 days of the date you filed the complaint, or the case will be dismissed". You and the defendant are then sent the trial date; the court will likely ask you to try to settle with a law clerk or mediator first (the court's kit, How to Sue for Up To $5,000 in Small Claims Court, CN 10151, Steps 3 and 8).
- The defendant does "not have to file a written answer, but if you dispute the complaint and want the court to hear your side of the case, you must appear in court" (the summons). A defendant who wants to sue the plaintiff "must do so before the scheduled trial date" (A Guide to Small Claims, CN 10290). You have the right to represent yourself, and people often present their cases "without an attorney" (the court's kit, How to Sue for Up To $5,000 in Small Claims Court, CN 10151).
If you were sued (you're the defendant)
- There is no answer form. The summons says: "You do not have to file a written answer, but if you dispute the complaint and want the court to hear your side of the case, you must appear in court on the date and at the time noted on the next page" (Small Claims Summons, CN 10534, Appendix XI-A (2)).
- If you do not come to court on the trial date, "you may lose the case automatically", and the court may give the plaintiff what the plaintiff asks for, plus interest and court costs (Small Claims Summons, CN 10534).
- Bring all witnesses, photos, documents and other evidence to the hearing; a witness's written statement, even under oath, is not admissible. Subpoena forms are available at the Clerk's office (Small Claims Complaint, CN 10532; A Guide to Small Claims, CN 10290).
- If you want to sue the plaintiff as well, "you must do so before the scheduled trial date"; the Special Civil Part Office staff will explain how to file the claim (A Guide to Small Claims, CN 10290).
- You may contact the plaintiff to resolve the dispute, but you must still appear on the trial date "unless a written agreement is reached and filed with the court" (Small Claims Summons, CN 10534).
Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.