How to Respond to a Small Claims Lawsuit in New Jersey

You Do Not Need to File a Written Answer

This catches most people off guard. In New Jersey, defendants in the Small Claims Section of the Special Civil Part are not required — or even permitted — to file a written answer with the court. New Jersey Court Rule 6:3-1 is explicit: your primary court obligation is to appear on the scheduled trial date listed on your summons.

This is different from the regular Special Civil Part track (cases between $5,001 and $20,000), where a written answer is mandatory within 35 days. If your docket number starts with "SC," you are in the Small Claims Section, and no written answer is needed.

The confusion comes from generic legal advice online that tells defendants to "file an answer within 20 to 30 days." That advice applies to other states or other NJ court tracks — not to a Small Claims case capped at $5,000.

What to Do When You Get the Papers

Start by checking the docket number on your summons. An "SC" prefix means Small Claims Section. A "DC" prefix means regular Special Civil Part, which has different rules.

Next, verify the case is real. Go to njcourts.gov and look up the docket number in the public case search. Confirm the named parties, county, and hearing date match what you received. If anything seems off, call the Special Civil Part Clerk's office using the phone number published on the court website — not any number printed on the papers themselves.

Record three dates immediately: the day you received the papers, the date service was completed (printed on the proof of service), and the scheduled trial date. The trial date is the one that matters most for an SC docket — miss it, and the judge can enter a default judgment against you.

Your Options Before the Hearing

You have several paths, and you do not need to pick one in advance:

Dispute the claim entirely. Show up on the trial date, participate in mandatory mediation, and if that fails, present your defense at the bench trial.

Settle before the hearing. Contact the plaintiff and negotiate. If you reach an agreement, get a signed Stipulation of Dismissal with Prejudice and file it with the clerk. Until that paperwork is filed, the case stays open and you must still attend your court date.

File a counterclaim. If the plaintiff actually owes you money from the same dispute — for instance, a contractor suing you for payment when they left the job unfinished — you can file a counterclaim through the JEDS portal or at the clerk's office. The filing fee is $35. This must be done before or on the trial date.

Pay the claim. If you acknowledge the amount owed, you can pay the plaintiff directly or appear on the trial date and ask the judge for a structured payment plan.

What Happens If You Do Not Show Up

The court enters a default judgment. The plaintiff presents evidence to the judge without any input from you, and the judge can award up to the full amount claimed plus court costs. A default judgment is a real court order — it can lead to bank levies and wage garnishments.

If a default judgment is entered against you, you can file a Motion to Vacate under Rule 4:50-1, but you will need to demonstrate excusable neglect and a valid defense. The motion costs $50 and comes with no guarantee of success.

One Action to Take Today

Look at your summons right now and confirm the docket prefix is "SC." Circle the trial date. Put it in your calendar with a reminder one week before. Everything else — evidence preparation, mediation strategy, whether to counterclaim — follows from making sure you are in the courtroom on that date.

For the complete procedure from reading your papers through the hearing and beyond, the New Jersey Small Claims Response Guide walks through each step with the worksheets and deadline tracker you need to stay organized.

See more New Jersey guides →