NJ Small Claims Court Fee Waiver: How to Apply Using Form CN 10110
If you can't afford the $50 filing fee to bring a small claims case in New Jersey, you don't have to give up on your claim. Rule 1:13-2 allows indigent litigants to apply for a full waiver of filing and service fees. The application form is CN 10110, and it's free to submit.
Who Qualifies
The fee waiver is available to litigants who meet both court-set financial criteria: household income at or below 150% of the federal poverty level and no more than $2,500 in liquid assets. A judge reviews the application and supporting documents. Public-assistance award letters can be used as proof of income.
The waiver covers the filing fee ($50) and court mail service fees ($10 per defendant).
How to Apply
- Download Form CN 10110 (Financial Questionnaire to Establish Indigency) from njcourts.gov.
- Fill it out completely — The form asks about your income, employment, household size, assets, debts, and monthly expenses.
- Attach supporting documents — Pay stubs, tax returns, public assistance award letters, bank statements, or any other proof of your financial situation.
- Submit it with your complaint — File the CN 10110 alongside your Form A (Complaint) and Form B (Summons) from packet CN 10151. You can submit everything together through JEDS, by mail, or in person.
Don't submit the waiver application separately from the complaint — they should go in together as one package so the clerk can process them at the same time.
What Happens Next
A judge reviews the application. This happens in camera (privately, not in open court). There are two outcomes:
Approved: The judge enters an order waiving the filing fee and court mail service charges. Your complaint proceeds to docketing and service at no cost.
Denied: You receive a notice of denial and are given a window to pay the required fees. If you pay within that window, your complaint proceeds normally. If you don't, the complaint isn't filed.
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Tips for a Stronger Application
- Be thorough with your documentation. A bare-bones application with no attachments is more likely to be denied.
- If you receive any form of government assistance, include the award letter — that's often the strongest proof of financial need.
- Don't leave sections blank. If a question doesn't apply, write "N/A" rather than skipping it.
- Be accurate about your assets. The judge will weigh liquid assets (bank accounts, investments) alongside income.
The Fee Waiver Doesn't Affect Your Case
A fee waiver addresses filing and court-mail service fees; your case proceeds through the usual service, mediation, and trial process.
It simply removes the financial barrier to filing. Your case proceeds through the same service, mediation, and trial process as any other small claims case.
Our New Jersey Small Claims Filing Guide covers the fee waiver application as part of the pre-filing workflow, alongside the standard fee calculation and filing package assembly steps.
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