Essex County Small Claims Filing Fee

Filing fee

$35

Claim limit

$5,000

Service per defendant

$7

Pay online

Yes

The costs that are not the filing fee

Filing is the first charge, not the only one. Essex County also charges:

• Additional defendant small claims complaint: $5
• Counterclaim small claims: $30
• Service by mail per defendant: $7
• Personal service by officer one defendant total: $10
• Personal service by officer additional defendant total: $12
• Jury of six: $100
• Exemplified copy of judgment: $50
• Warrant to satisfy with docketed judgment: $50
• Warrant to satisfy without docketed judgment: $35
• Assignment of judgment: $35
• Appeal filing fee: $250
• Appeal deposit: $300

None of these are optional once the case is moving, and all of them are recoverable in the judgment if you win. They are simply not quoted at the counter when you ask what it costs to file.

Fees change — confirm the current amount with the clerk at 973-776-9300 before you file.

What it costs to serve the defendant

Essex County charges $7 per defendant for service. That is on top of the filing fee, and you pay it for each person or business you are suing.

• Certified and regular mail, sent by the court (N.J.S.A. 22A:2-37.1)
• Personal service by a Special Civil Part Officer
• Substituted service on the NJ Motor Vehicle Commission (motor vehicle actions)

If service is not completed before the scheduled trial date, the case will not be heard until the defendant is successfully served; an unsuccessful mail attempt requires the plaintiff to request and pay for personal service by a court officer.

How this clerk takes payment

Superior Court of New Jersey, Essex Vicinage, Special Civil Part accepts:

• Cash
• Check or money order payable to Treasurer, State of New Jersey
• Credit/debit card or ACH transfer (JEDS e-filing only)

Filing through Judiciary Electronic Document Submission (JEDS) takes card payment at the time you file.

Common questions

How much does it cost to file a small claims case in Essex County?

$35 to file, plus $7 per defendant for service. Fees change — confirm the current amount with the clerk at 973-776-9300 before you file.

Can I get the filing fee back if I win?

Court costs, including the filing fee and service, are normally included in the judgment you ask for. Getting them back still depends on collecting the judgment.

What if I cannot afford the filing fee in Essex County?

Courts have a fee-waiver application for filers below an income threshold. Essex County's self-help center can point you at it. We cannot tell you whether you qualify.

How do I pay the Essex County filing fee?

Superior Court of New Jersey, Essex Vicinage, Special Civil Part takes 3 forms of payment, listed above.