Serving Small Claims Papers in New Jersey

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.

Where filers get this wrong

Two things about service are consistently misunderstood:

• The clerk accepts your filing whether or not service is later done properly. The counter is not the check.
• Whether service was good gets tested afterwards — typically at the moment you ask the court for a default because the defendant did not appear.

There is no pretrial conference in the Small Claims Section; on the trial date the court first attempts a settlement conference with a trained settler before trial.

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.

The order it has to happen in

1. 1. File first. The court issues the summons. Papers that have not been issued cannot be served.
2. 2. Choose a permitted method. New Jersey permits 3 routes, listed above. Which is wise depends on the defendant, not on which is cheapest.
3. 3. Give a real, current address. A registered agent address for a business, a residence for a person. A stale address is the most common reason service fails and a case simply stops moving.
4. 4. Get the proof on the docket. The server files a return of service. Without it the court treats the defendant as never notified.

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.

Claim limit

$5,000

Court

Special Civil Part

File online

Yes (statewide)

Appeal window

45 days

Common questions

Who serves small claims papers in New Jersey?

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.

Can I serve the papers myself in New Jersey?

No. Service is carried out by someone who is not a party to the case. Handing the papers over yourself does not count, and the defect usually surfaces at the worst moment.

Can small claims papers be served by mail in New Jersey?

New Jersey permits a mail route where the case type allows it. 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.

What happens if the defendant cannot be found?

The case does not move forward. Courts have alternative-service procedures for that situation, but they have to be applied for and they are not granted automatically.