How to Name a Defendant in New Jersey Small Claims Court
Why Getting the Defendant's Name Right Matters
A judgment is only enforceable against the party named in it. If you sue "Mike's Plumbing" but the actual registered entity is "Michael Chen Plumbing Services LLC," your judgment may be unenforceable — the legal entity you proved your case against doesn't match the one that holds the bank accounts and assets. Getting the defendant's name wrong is one of the most common mistakes in small claims court, and it can make a win worthless.
Naming Individuals
For a person, use their full legal name as it appears on official documents — not a nickname, not a shortened version. If you contracted with "Bobby Garcia" but his legal name is "Robert J. Garcia," name him as Robert J. Garcia in your complaint. List their primary residential address for service purposes.
If you don't know the defendant's full legal name, check your contract, invoices, canceled checks, or any correspondence. Property records (available through the county clerk's office) can confirm a homeowner's legal name.
Naming Businesses: The Entity Matters
This is where most people trip up. Businesses in New Jersey operate under different legal structures, and each one requires a different naming approach on your complaint form.
Sole proprietorships — An individual doing business under a trade name. Name both the person and the trade name: "Robert Garcia d/b/a Garcia Home Repair." The "d/b/a" (doing business as) connects the person to the business name. A judgment against only the trade name may not reach the owner's personal assets.
LLCs (Limited Liability Companies) — Name the LLC by its exact registered title: "Garcia Home Repair, LLC." Not "Garcia Home Repair" without the LLC designation. The comma placement, the "LLC" or "L.L.C." format — match exactly what's on file with the state. Service must go to the registered agent or a managing member at the business address.
Corporations — Same principle. Use the exact corporate name as registered: "Garcia Construction Corp." or "Garcia Construction, Inc." Service goes to the registered agent, an officer, director, or managing agent.
Partnerships — Name the partnership and, where known, the individual general partners: "Garcia & Sons Construction, a partnership, and Robert Garcia, individually."
Free Download
Get the New Jersey Small Claims Filing Checklist
Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.
How to Verify a Business Name
The New Jersey Division of Revenue and Enterprise Services (DORES) maintains a public business-entity database. Search it online to check the available records for a registered business:
- The exact legal name of the entity
- Whether the entity is active or dissolved
- The registered agent's name and address (this is where you serve the complaint)
- The entity type (LLC, corporation, etc.)
This takes five minutes and prevents the most common naming error in small claims. If the business isn't registered in New Jersey (common with online sellers or out-of-state companies), check the business registry in their home state.
Special Cases
Landlords — Your lease may show a property management company, but the actual owner could be an LLC or an individual. Check the county property records to identify the true property owner. If an LLC owns the building, name the LLC.
Multiple defendants — You can name more than one defendant. If a contractor's employee caused the damage while working for the contractor's LLC, you might name both the LLC and the individual. Each additional defendant costs an extra $5 filing fee plus $10 for mail service.
Defendant who has changed names — Use the name that was current at the time of the transaction, with an "a/k/a" (also known as) for the current name if you know it.
What Happens If You Get It Wrong
If you discover the naming error before trial, you can file an amended complaint correcting the defendant's name. After trial, correcting a judgment against a wrongly named party requires a motion and possibly a new hearing — which defeats the purpose of the simplified small claims process.
Spend the time upfront. Run the DORES search. Confirm the exact legal name. It's the difference between a judgment you can collect on and one that sits on paper.
For the complete filing process — naming defendants, filling out forms, calculating fees, and serving the complaint — the New Jersey Small Claims Filing Guide walks through every step.
Get Your Free New Jersey Small Claims Filing Checklist
Download the New Jersey Small Claims Filing Checklist — a printable guide with checklists, scripts, and action plans you can start using today.