NJ Small Claims Court Filing Fees and Costs: Complete Breakdown
What It Costs to File a Small Claims Case in New Jersey
Outdated court brochures and legal websites have created persistent confusion about New Jersey small claims fees. Some sources still cite $35 as the base filing fee — that's the legacy figure. Under the current Rule 1:43 and the Judiciary's updated fee schedule, the numbers are higher. Here's the complete breakdown.
Filing Fees
| Fee | Amount | Notes |
|---|---|---|
| Base complaint filing fee | $50 | For claims of $5,000 or less |
| Each additional defendant | $5 | Beyond the first defendant |
| Court mail service | $10 per defendant | Covers certified + ordinary mail |
| Officer personal service | $10 per defendant | If mail service fails |
| Officer reservice | $3 | If the first officer attempt fails |
Example calculations:
- One defendant, court mail service: $50 + $10 = $60
- Two defendants, court mail service: $50 + $5 + $20 = $75
- One defendant, mail service failed, officer service needed: $50 + $10 + $10 = $70
These fees are recoverable. If you win your case, the judge adds your filing and service costs to the judgment amount on top of your principal claim.
How to Pay
Online (JEDS portal): Credit card, debit card, or ACH bank transfer. The court's Judiciary Electronic Document Submission system accepts electronic payments when you upload your complaint forms.
In person: Check or money order payable to "Treasurer, State of New Jersey." Cash policies vary by county — call your vicinage's Special Civil Part office before showing up with cash.
By mail: Check or money order only. Include the payment with your completed complaint package.
Incorrect payment amounts result in your entire filing being returned. Calculate your total carefully, especially when naming multiple defendants.
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Other Fees You May Encounter
Counterclaim filing fee: $30 — If the defendant files a counterclaim against you, they pay $30. You don't pay this fee, but be aware it exists — a counterclaim can change the dynamics of your case.
Motion fee: $10 — For post-complaint motions filed in the Small Claims Section (e.g., motions for adjournment or re-service).
Statement for Docketing: $35 — After winning a judgment, filing this with the Superior Court Clerk in Trenton converts your Special Civil Part judgment into a statewide real estate lien. You'd file this as a collection tool, not during the original case.
Appeal Costs
If either side appeals the judgment to the Appellate Division, the costs escalate significantly:
| Fee | Amount |
|---|---|
| Notice of Appeal | $250 |
| Appellate cost deposit | $300 |
| Transcript deposit | $300+ per trial day (estimated) |
The appeal window is 45 days from judgment entry. These costs are paid by the party filing the appeal. Between the fees alone, appealing a small claims judgment costs at least $850 — which makes appeals uncommon for sub-$5,000 disputes.
Fee Waivers for Low-Income Filers
If you can't afford the filing fees, New Jersey provides a fee waiver process under Rule 1:13-2. Complete the Financial Questionnaire to Establish Indigency (Form CN 10110), available from njcourts.gov or the county clerk's office.
You'll need to attach documentation: pay stubs, tax returns, or public assistance award letters showing household income. A judge reviews the application. If approved, the order waives both the complaint filing fee and court mail service charges.
If denied, you'll be notified and given a deadline to pay the standard fees for the complaint to be docketed. The denial doesn't prevent you from filing — it just means you need to pay.
The Total Cost Picture
For a typical small claims case against one defendant, your out-of-pocket cost is $60 (filing + mail service). Add the cost of your demand letter mailing (a few dollars for certified mail), photocopies of your evidence, and possibly parking at the courthouse.
Compare that to the alternative: initial attorney consultations in New Jersey typically run $250-400 per hour. At $60, small claims court gives you a direct path to recover up to $5,000 — making it the most cost-effective remedy for small money disputes.
For the full filing process — fees, forms, service, and preparation — the New Jersey Small Claims Filing Guide covers every step.
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