New Jersey Small Claims Court Forms: Complete Guide for Defendants
The Form That Does Not Exist
If you were served with a small claims complaint in New Jersey and you are searching for an "answer form" to file with the court, you can stop looking. It does not exist.
Under New Jersey Court Rule 6:3-1, no written answer is permitted or required in the Small Claims Section of the Special Civil Part. Your response to the lawsuit is showing up on the hearing date printed on your summons. That is the full extent of your filing obligation as a defendant in the SC (Small Claims) track.
This is the single biggest source of confusion for NJ small claims defendants. National legal websites and even some of the court's own broader guides reference the 35-day written answer deadline — but that rule applies to the regular Special Civil Part (DC track, for claims between $5,001 and $20,000), not to the Small Claims Section.
Check the docket number on your summons. If it starts with "SC," you are in Small Claims. No answer form needed.
Forms and Publications You Should Know About
Even though you do not file an answer, there are official court documents and brochures that are useful for understanding the process.
CN 10290 — Small Claims Brochure. This is the New Jersey Judiciary's primary informational brochure for the Small Claims Section. It covers the $5,000 jurisdictional limit, venue rules, the basics of filing a claim, trial day expectations, and the 45-day appeal deadline. It is written mostly from the plaintiff's perspective, but the procedural overview applies to both sides. Available as a free PDF on njcourts.gov.
CN 10281 — Special Civil Part: A Guide to the Court. This broader guide covers the entire Special Civil Part, including the regular DC track. Be careful with this one — it discusses the 35-day written answer requirement that applies to DC cases, not SC cases. Useful for understanding the court structure, but read it knowing that not every rule in it applies to your Small Claims case.
CN 11482 — Small Claims Frequently Asked Questions. A concise FAQ covering court limits, filing fees ($35 for a complaint, $5 per additional defendant), basic evidence guidance, and hearing expectations.
CN 11112 — Civil Court Fees Schedule. The published fee schedule lists Special Civil Part fees, including a $30 Small Claims counterclaim. Check the current NJ Courts fee information for updated service charges.
CN 10543 — How to File a Motion in the Special Civil Part. This packet includes the motion papers and instructions for motions such as asking to vacate a default or default judgment. A motion in the Small Claims Section has no filing fee. To obtain relief under Rule 4:50-1(a) based on excusable neglect, you must also show a meritorious defense.
Forms You Might Need to File
| Form / Document | When You Need It | Filing Fee |
|---|---|---|
| Counterclaim | You believe the plaintiff owes you money from the same dispute | $30 |
| Motion to Vacate (CN 10543) | A default judgment was entered because you missed the hearing | $0 |
| Indigent Fee Waiver Application | You cannot afford court filing fees | $0 |
| Adjournment Request | You need to postpone the hearing date | $0 |
| Subpoena (Rule 1:9-1) | You need a reluctant witness to appear at trial | Varies |
Counterclaims and motions can be filed through JEDS (Judiciary Electronic Document Submission) on njcourts.gov, or in person at the Special Civil Part Clerk's office in your county.
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Forms You Do Not Need
- Answer form. Does not exist for SC cases.
- Discovery requests. Interrogatories and document demands are not part of Small Claims practice.
- Formal pleading paper. Small Claims proceedings are informal. You do not need to draft legal briefs or memoranda of law.
Where to Find Official Forms
All official forms are available for free on the New Jersey Judiciary website at njcourts.gov. Navigate to the Self-Help section or the Forms index. Forms are organized by court division and form number (the "CN" prefix).
The Special Civil Part Clerk's office in your county courthouse also has paper copies of every form. Clerk staff can hand you the right form and explain how to complete it, though they are prohibited by law from giving legal advice about your case.
Putting It All Together
For most small claims defendants, the paperwork burden is minimal: you show up on your hearing date with your evidence organized. The forms become relevant only if you need to file a counterclaim, request an adjournment, or deal with a default judgment.
The Responding to a Small Claims Case in New Jersey guide explains each of these scenarios step by step, including which forms to use, how to complete them, and the deadlines that apply.
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