How to File Small Claims in New Jersey

Claim limit

$5,000

Court

Special Civil Part

File online

Yes (statewide)

Appeal window

45 days

Common questions

Step 1 — Which court do I file in?

New Jersey small claims cases go to Special Civil Part in the county where the defendant lives or where the dispute arose. Pick your county below.

Step 2 — What form do I file?

Your county's claim form (Statement of Claim, Complaint, or Petition). We complete it with your claim in the language the court expects.

Step 3 — What does it cost?

A filing fee set by your county, plus a small service fee. Your county page shows the current amounts.

Step 4 — How is the defendant served?

The court mails the summons and complaint to the defendant(s) after filing; the plaintiff does not personally serve the defendant. If mail service is unsuccessful, the plaintiff may request personal service by a Special Civil Part Officer.

Step 5 — What happens at the hearing?

New Jersey uses a Trial. Bring your documents and be ready to explain what happened. We give you a checklist of what to bring.

Serving the defendant

The court mails the summons and complaint to the defendant(s) after filing; the plaintiff does not personally serve the defendant. If mail service is unsuccessful, the plaintiff may request personal service by a Special Civil Part Officer.

• 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.