New Jersey Small Claims Court: How the Special Civil Part Works

Small claims court in New Jersey isn't actually called "small claims court" in the official system — it's the Small Claims Section of the Special Civil Part, Superior Court of New Jersey, Law Division. That distinction matters because the forms, filing portals, and rules all use the formal name, and searching for the wrong term on njcourts.gov can send you in circles.

What the Small Claims Section Handles

The Small Claims Section resolves monetary disputes where you're asking for $5,000 or less. That ceiling covers the principal demand only — court costs and pre-judgment interest don't count toward the cap.

Claims that fit include breach of contract, unpaid invoices, security deposit disputes, property damage from car accidents or neighbor negligence, refunds for defective merchandise, and disputes with contractors over unfinished work.

Claims that don't fit: professional malpractice (medical, legal, dental), anything seeking an injunction or equitable relief, probate matters, family law disputes, and eviction proceedings. If you need possession of a property, that goes to the Landlord-Tenant Section, even if there's a monetary component.

If your damages exceed $5,000 but you'd rather use the simpler Small Claims process, you can waive the amount above $5,000 in your complaint. That waiver is permanent — you can never go back for the difference.

How Much It Costs to File

The base filing fee is $50 for one defendant. Each additional defendant adds $5. Court mail service runs $10 per defendant (the court sends both certified and ordinary mail on your behalf). If you need a Special Civil Part Officer to personally serve someone, that's another $10 per defendant, plus $3 for any re-service attempt.

Indigent filers can apply for a fee waiver using Form CN 10110, which requires documentation of income and assets.

The Filing Process at a Glance

You'll fill out Form A (Complaint) and Form B (Summons) from packet CN 10151 — that's the non-motor vehicle kit. Motor vehicle damage claims use CN 10148 instead. Every document you submit must have personal identifiers redacted under Rule 1:38-7: Social Security numbers, driver's license numbers, active credit card numbers, bank account numbers (except the last four digits when the account is what the suit is about).

Self-represented filers submit through the JEDS (Judiciary Electronic Document Submission) portal, not eCourts. eCourts is for attorneys. You can also file by mail or in person at the appropriate county Special Civil Part office.

What Happens After You File

The court handles service — you don't have to track down the defendant yourself. The clerk sends the complaint via both certified and ordinary mail to the address you provide. If certified mail comes back unclaimed but the ordinary mail goes through, service can still be valid under Rule 6:2-3. If both come back, you'll need to provide a corrected address and pay for re-service.

On your court date, you go through court-annexed mediation first. If mediation fails, the judge hears your case the same day. There's no jury in small claims — a judge decides.

If the defendant doesn't show up and service was properly completed, the court can enter a default judgment — but you still need to prove your damages with testimony or an affidavit of proof.

After the Decision

The losing party has 45 days to file an appeal with the Appellate Division ($250 filing fee plus a $300 cost deposit). A judgment doesn't mean automatic payment — if the defendant doesn't pay voluntarily, you'll need to use post-judgment enforcement tools like wage executions, bank levies, or property liens.

Filing an appeal does not automatically stay enforcement. To halt collection, the appellant must file a formal stay application and post a supersedeas bond.

Where to Start

The first step is verifying that your dispute fits within the $5,000 limit and isn't one of the excluded claim types. Then you need the defendant's correct legal name and address — for businesses, check the NJ Division of Revenue and Enterprise Services (DORES) database to confirm whether you're dealing with an LLC, corporation, or sole proprietor.

Our New Jersey Small Claims Filing Guide walks through every step of this process — from checking whether your claim qualifies through preparing for your hearing day — with the exact forms, fees, and deadlines organized into one workflow.

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