New Jersey Small Claims Court Fee Waiver: How to Apply

Court Fees in the Small Claims Section

Filing a complaint in the Small Claims Section of the Special Civil Part costs $35 for one defendant and $5 for each additional defendant. Service by certified and regular mail costs $10 per defendant. Personal service by a Special Civil Part Officer costs $10 for one defendant and $12 for each additional defendant.

If you are a defendant filing a Small Claims counterclaim, that costs $30. There is no filing fee for a motion in the Small Claims Section, including a motion to vacate a default judgment. These are not large amounts in absolute terms, but for someone on a fixed income or facing financial hardship, they can be a real barrier.

The Indigent Fee Waiver Under Rule 1:13-2

New Jersey Court Rule 1:13-2 allows litigants who cannot afford court fees to apply for an indigent fee waiver. If the court grants the application, court filing and copy fees covered by the order are waived.

This is not a discount or a payment plan — it is a full waiver. You pay nothing for the fees covered by the order.

Who Qualifies

To qualify, your household income must not exceed 150% of the federal poverty level for your household size, and you must have no more than $2,500 in liquid assets. You must submit the fee waiver application with supporting proof of your income and assets; the court determines eligibility based on those standards and documents.

How to Apply

Obtain the fee waiver application form from the Special Civil Part Clerk's office in your county courthouse, or download it from njcourts.gov. Complete every section of the financial statement. Leaving sections blank or providing vague answers weakens your application.

Submit the completed application to the court along with whatever filing you need the waiver for — a counterclaim, a motion, or an initial complaint if you are the plaintiff. The court will review the application and either grant or deny it. If granted, the clerk processes your filing without collecting the fee.

You can submit the application in person at the clerk's window or through the JEDS electronic filing system. The application is a request, not an automatic waiver; the court must approve it.

What Gets Waived and What Does Not

An approved fee waiver can cover court filing and copy fees. It does not cover costs you might incur outside the court system, such as:

• Photocopying and printing evidence documents
• Travel to the courthouse
• Lost wages for attending the hearing
• Costs of obtaining records from third parties

If you receive an award of more than $2,000 in a trial court matter, the fee waiver packet says you may have to repay fees the court waived, as determined by court order.

Defendants and Fee Waivers

Defendants rarely need a fee waiver for the initial case because responding to a Small Claims complaint does not cost anything. There is no filing fee to appear at your hearing. The fee waiver becomes relevant if you are filing a counterclaim ($30) or another filing that carries a fee.

If you have been served with a small claims complaint and need to file a counterclaim but cannot afford the $30 fee, submit the fee waiver application at the same time you file the counterclaim.

If Your Application Is Denied

The court will notify you. You can resubmit with additional documentation supporting your financial hardship, or you can pay the required fee and proceed with your filing.

Denial does not prevent you from participating in the case. If you are a defendant, your appearance obligation on the hearing date exists regardless of whether you have filed anything with the court.

For a step-by-step guide through the entire process of responding to a small claims case in New Jersey — including counterclaims, motions, and evidence preparation — see the Responding to a Small Claims Case in New Jersey guide.

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