New Jersey Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in New Jersey: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for New Jersey
- Small claims limit
- $5,000 for money claims, including a tenant's suit to recover a security deposit of $5,000 or less. Excluded: professional malpractice, child support or alimony, wills and inheritance, and claims for anything other than money. Larger claims up to $20,000 go to the Special Civil Part's regular docket. N.J. Ct. R. 6:1-2(a); NJ Courts, Small Claims Court
- Filing fee
- $35 for one defendant and $5 for each additional defendant. Service by certified and regular mail is $10 per defendant; personal service by a court officer is $10 plus $12 for each additional defendant. Fees may be waived for people with income at or below 150% of the poverty level and liquid assets of $2,500 or less. NJ Courts, Small Claims Court
- Are lawyers allowed?
- Yes, but a lawyer is not required; most people file and present their cases without one. NJ Courts, Small Claims Court
- Appeals
- Either party may appeal to the Appellate Division of the Superior Court within 45 days of the decision by filing a Notice of Appeal and Case Information Statement, requesting the transcript and filing a brief. Fees are $250 with the Notice of Appeal plus a $300 deposit within 30 days (refundable if you win). NJ Courts, Small Claims Court; Small Claims brochure (CN 10290)
Court: Superior Court, Law Division, Special Civil Part, Small Claims Section. Last verified: 2026-10-24.
How to file a small claims case in New Jersey
- Confirm your claim is for money only and is $5,000 or less (larger claims up to $20,000 go to the Special Civil Part).
- Complete the small claims summons and complaint, naming each defendant correctly as an individual or type of business.
- File with the Special Civil Part in the county where a defendant lives or does business, in person, by mail or through JEDS, and pay the $35 filing fee plus service fees (or request a fee waiver).
- The court serves the defendant by mail or court officer and sends everyone a notice of the trial date.
- If you are the defendant and have your own claim against the plaintiff, file it before the trial date.
- Bring witnesses in person and all documents to court; a court settler will try to help you settle before the judge hears the case.
- Either side may appeal to the Appellate Division within 45 days.
- If you win and are not paid, request a writ of execution, bank levy or wage execution, or docket a lien on the debtor's real estate.
Can you use small claims court?
| Small claims limit | $5,000 for money claims, including a tenant's suit to recover a security deposit of $5,000 or less. Excluded: professional malpractice, child support or alimony, wills and inheritance, and claims for anything other than money. Larger claims up to $20,000 go to the Special Civil Part's regular docket. Rule text: https://www.njcourts.gov/attorneys/rules-of-court (R. 6:1-2). |
|---|---|
| Who can file | Anyone 18 or older; a parent or guardian files for a minor. A person or business may be sued, and each defendant must be identified correctly as an individual, sole proprietorship, partnership or corporation. |
| Are lawyers allowed? | Yes, but a lawyer is not required; most people file and present their cases without one. Source: NJ Courts, Small Claims Court |
Filing your case
| Where to file | With the Special Civil Part in the county where at least one defendant lives or does business (for a business, where it actually does business or has its registered office). If no defendant is in New Jersey, file in the county where the claim arose. Source: NJ Courts, Small Claims Court |
|---|---|
| Official forms | New Jersey small claims cases (up to $5,000, including security deposit returns) are filed in the Special Civil Part. The court's kits are "How to Sue for Up To $5,000 in Small Claims Court" for non-motor-vehicle cases (CN 10151) and for motor vehicle cases (CN 10148). The filing forms are the Small Claims Complaint (Non-Motor Vehicle) (CN 10532) or Small Claims Complaint - Motor Vehicle (CN 10533) and the Small Claims Summons and Return of Service (CN 10534), with a fee waiver request (CN 11208) if needed. You can file online through the Judiciary Electronic Document Submission (JEDS) system and pay by credit card, or mail the complaint, summons and fee to the Special Civil Part office in the county where the defendant lives or does business. Fee: $35 for one defendant plus $5 for each additional defendant. |
| Filing fee | $35 for one defendant and $5 for each additional defendant. Service by certified and regular mail is $10 per defendant; personal service by a court officer is $10 plus $12 for each additional defendant. Fees may be waived for people with income at or below 150% of the poverty level and liquid assets of $2,500 or less. Court fee schedule CN 11112 (revised 08/2026) confirms $35/$5 filing fees and $10 per defendant for mail service: https://www.njcourts.gov/sites/default/files/forms/11112_courtfees.pdf. Older brochures list a $7 mail fee. Source: NJ Courts, Small Claims Court |
| Filing online | Yes. Self-represented litigants can file documents and pay fees by credit card through the Judiciary Electronic Document Submission (JEDS) system, including fee waiver requests, or file by mail. Evidence can be submitted through Electronic Evidence Submission or JEDS. Source: NJ Courts, Small Claims Court |
| Serving the defendant | The court mails the summons and complaint to each defendant by certified and regular mail, or a Special Civil Part officer serves them personally for a fee. The plaintiff must supply correct addresses. |
Before and at the hearing
| When the hearing happens | After the summons and complaint are filed and served, the court notifies all parties of the trial date. |
|---|---|
| Does the defendant file an answer? | The defendant must attend the trial as instructed in the summons. If the defendant does not appear, the plaintiff may get a default judgment after proving the amount owed and that an individual defendant is not on active military duty. |
| Counterclaims | A defendant who wants to sue the plaintiff must file a counterclaim before the scheduled trial date; the small claims counterclaim fee is $30. Special Civil Part staff explain how to file. |
| Mediation | Yes. On the trial date, a trained court settler (not a judge) holds a settlement conference with the parties; if there is no settlement, the judge tries the case, usually the same day. |
| Jury trial | A jury trial by six jurors may be requested in a small claim for an additional $100 fee. |
| Interpreters | The New Jersey Judiciary provides court-interpreting services. Notify the court as soon as possible if you need an interpreter; a party who fails to notify the court may be charged for an interpreter. |
After the decision
| Appeals | Either party may appeal to the Appellate Division of the Superior Court within 45 days of the decision by filing a Notice of Appeal and Case Information Statement, requesting the transcript and filing a brief. Fees are $250 with the Notice of Appeal plus a $300 deposit within 30 days (refundable if you win). |
|---|---|
| Collecting your judgment | The winner may request a writ of execution ($35 fee plus officer fees) for a bank levy on New Jersey accounts (followed by a motion to turn over the frozen funds) or seizure of personal property (the debtor keeps $1,000 in personal property and clothing); a wage execution if the debtor works in New Jersey and earns more than $217.50 a week; or an information subpoena about assets. Real estate cannot be seized in the Special Civil Part, but the judgment can be docketed as a lien on New Jersey real estate ($35). In motor vehicle damage cases, unpaid judgments over $500 after 60 days can lead to suspension of the debtor's driving privileges. |
Deadline to sue
6 years for a contract claim, written or oral (express or implied, not under seal), including suits for unpaid rent or lease damages. N.J.S.A. 2A:14-1(a)
Official forms and help
Suing a landlord or tenant in New Jersey
Tenants can sue for return of a security deposit of $5,000 or less in small claims; under N.J.S.A. 46:8-21.4 and R. 6:1-2, any doubled-deposit penalty counts toward the $5,000 limit. Landlords can sue for unpaid rent or damage within the same limit.
- New Jersey security deposit demand letter (send before you sue)
- New Jersey security deposit law
- Tenant lawyers and free legal aid in New Jersey
New Jersey small claims FAQ
What is the small claims limit in New Jersey?
$5,000 for money claims, including a tenant's suit to recover a security deposit of $5,000 or less. Excluded: professional malpractice, child support or alimony, wills and inheritance, and claims for anything other than money. Larger claims up to $20,000 go to the Special Civil Part's regular docket.
Who can file a small claims case in New Jersey?
Anyone 18 or older; a parent or guardian files for a minor. A person or business may be sued, and each defendant must be identified correctly as an individual, sole proprietorship, partnership or corporation.
Can you bring a lawyer to small claims court in New Jersey?
Yes, but a lawyer is not required; most people file and present their cases without one.
Where do I file a small claims case in New Jersey?
With the Special Civil Part in the county where at least one defendant lives or does business (for a business, where it actually does business or has its registered office). If no defendant is in New Jersey, file in the county where the claim arose.
How much does it cost to file in small claims court in New Jersey?
$35 for one defendant and $5 for each additional defendant. Service by certified and regular mail is $10 per defendant; personal service by a court officer is $10 plus $12 for each additional defendant. Fees may be waived for people with income at or below 150% of the poverty level and liquid assets of $2,500 or less.
How do I serve the other side in a New Jersey small claims case?
The court mails the summons and complaint to each defendant by certified and regular mail, or a Special Civil Part officer serves them personally for a fee. The plaintiff must supply correct addresses.
How long does a small claims case take in New Jersey?
After the summons and complaint are filed and served, the court notifies all parties of the trial date.
Does a defendant have to file an answer in New Jersey small claims court?
The defendant must attend the trial as instructed in the summons. If the defendant does not appear, the plaintiff may get a default judgment after proving the amount owed and that an individual defendant is not on active military duty.
Can the defendant file a counterclaim in New Jersey small claims court?
A defendant who wants to sue the plaintiff must file a counterclaim before the scheduled trial date; the small claims counterclaim fee is $30. Special Civil Part staff explain how to file.
Is there a jury in New Jersey small claims court?
A jury trial by six jurors may be requested in a small claim for an additional $100 fee.
Can you appeal a small claims decision in New Jersey?
Either party may appeal to the Appellate Division of the Superior Court within 45 days of the decision by filing a Notice of Appeal and Case Information Statement, requesting the transcript and filing a brief. Fees are $250 with the Notice of Appeal plus a $300 deposit within 30 days (refundable if you win).
How do I collect a small claims judgment in New Jersey?
The winner may request a writ of execution ($35 fee plus officer fees) for a bank levy on New Jersey accounts (followed by a motion to turn over the frozen funds) or seizure of personal property (the debtor keeps $1,000 in personal property and clothing); a wage execution if the debtor works in New Jersey and earns more than $217.50 a week; or an information subpoena about assets. Real estate cannot be seized in the Special Civil Part, but the judgment can be docketed as a lien on New Jersey real estate ($35). In motor vehicle damage cases, unpaid judgments over $500 after 60 days can lead to suspension of the debtor's driving privileges.
Is mediation required in New Jersey small claims court?
Yes. On the trial date, a trained court settler (not a judge) holds a settlement conference with the parties; if there is no settlement, the judge tries the case, usually the same day.
Can I file a small claims case online in New Jersey?
Yes. Self-represented litigants can file documents and pay fees by credit card through the Judiciary Electronic Document Submission (JEDS) system, including fee waiver requests, or file by mail. Evidence can be submitted through Electronic Evidence Submission or JEDS.
Can I get an interpreter in New Jersey small claims court?
The New Jersey Judiciary provides court-interpreting services. Notify the court as soon as possible if you need an interpreter; a party who fails to notify the court may be charged for an interpreter.
Where can I get small claims court forms in New Jersey?
New Jersey small claims cases (up to $5,000, including security deposit returns) are filed in the Special Civil Part. The court's kits are "How to Sue for Up To $5,000 in Small Claims Court" for non-motor-vehicle cases (CN 10151) and for motor vehicle cases (CN 10148). The filing forms are the Small Claims Complaint (Non-Motor Vehicle) (CN 10532) or Small Claims Complaint - Motor Vehicle (CN 10533) and the Small Claims Summons and Return of Service (CN 10534), with a fee waiver request (CN 11208) if needed. You can file online through the Judiciary Electronic Document Submission (JEDS) system and pay by credit card, or mail the complaint, summons and fee to the Special Civil Part office in the county where the defendant lives or does business. Fee: $35 for one defendant plus $5 for each additional defendant.
Small claims limits in all 50 states and DC · Small claims court in other states
More New Jersey law
- New Jersey tenant rights & landlord-tenant law
- New Jersey wills, probate & estates
- New Jersey protective & restraining orders
- New Jersey employment law
- New Jersey debt & collections
- New Jersey unemployment benefits
- New Jersey divorce & family law
- New Jersey expungement & criminal records
- New Jersey traffic tickets & dui
- New Jersey personal injury & wrongful death
- New Jersey workers' compensation
- New Jersey foreclosure & homeowner law
- New Jersey consumer protection
- New Jersey starting an llc & small business
- New Jersey bankruptcy
- New Jersey car insurance & vehicle laws
- New Jersey property tax & homestead exemptions
- New Jersey criminal law
- New Jersey gun laws
- Find a lawyer or free legal help in New Jersey
- All New Jersey law guides
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.