If you want to recover less than $15,000 in damages in New Jersey, small claims court is a good option.If you feel you are owed money, you can file a claim against the person or business.To file small claims in New Jersey, you need to be at least 18 years old.The court will rule in your favor if you file the correct paperwork with the county office.
Step 1: It is appropriate to confirm your claim.
In New Jersey, small claims court can be used for a number of issues, including a violation of written or oral contract, property damage caused by a car accident, and the return of money used as a down payment.Small claims can be made for faulty workmanship, poor work performed or not performed at all, and issues relating to bad checks or back rent owed.You can't file small claims for professional malpractice by a doctor, dentist, or lawyer.You can't file for alimony or support payments if you have a domestic dispute.A different legal process must be used to handle these types of claims.
Step 2: You should hire a lawyer.
The process of filing a claim and appearing in court will go smoothly if you have legal counsel with you.If you are on a budget, look for a lawyer who is pro bono or willing to work at a reduced rate.It is advisable to search online for lawyers with good reviews from previous clients.Ask friends or family to refer you to a good lawyer.
Step 3: If you can't afford a lawyer, contact the Legal Services Program.
Good legal guidance and advice can be obtained through the program.If you don't want a lawyer, you can ask legal questions through the Legal Services Program.
Step 4: The county Special Civil Part Office is where you can fill out a small claims form.
You need to fill out and submit the form at the office in the county where the business is located.You have to file the claim in person.There is a list of Special Civil Part Offices in New Jersey.You have to file the complaint in the county where the claim occurred if the defendants don't live or own a business in New Jersey.
Step 5: Information about you and the person you are suing.
List your address and phone number.The name and address of the person or business you are suing should be included in your claim.The person or business should be identified as an individual, sole proprietor, partnership, or corporation.Do not include confidential information about the person or business, such as their Social Security number, driver's license number or credit card number.
Step 6: You should include the amount owed and the reason for filing the claim.
List the dollar amount you are owed by the person or business as well as why they owe you money.The person owes you $5,000 in back rent for 6 months.The person owes you money for damage to your home.
Step 7: You have to sign and date the form.
The current date should be written on the form.This will show that everything you said in the form is correct.
Step 8: To file the form, you have to pay a fee.
If you have more than 1 defendants listed in the claim, you will have to pay an additional $5USD.If you cannot afford the filing fee, you can apply to the court to be an indigent and get the judge to waive it.
Step 9: You should receive a summons in the mail.
You will receive an official summons once your form has been processed.On the date and time stated on the summons, you and the defendant must appear in court.You don't want to lose your claim if you say something incriminating to the defendants before the court date.
Step 10: Records and documents will support your claim.
You have to prove your case in court in order for the judge to rule in your favor.If you want to file a claim, you should bring originals and copies of documents that show why you have a right to do so.You can bring other documents to the court to support your claim.Your lawyer should be able to advise you on the best records to bring to court to prove your case.
Step 11: People who can testify for you.
You will need at least 1-2 witnesses to testify in court and in front of the judge.The written statements can't be used as evidence in court.If the judge asks the witnesses questions in advance, they know what to expect.If you are filing a small claim for property damage to your home, you can ask a neighbor to testify in court.
Step 12: You can attend the hearing with a third party.
The court will conduct a settlement hearing on the day of the trial.The person is not a judge but they are trained to help you and the other person come to an agreement.The case will be heard by the judge on the same day if the person can't help you.If the third party rules in your favor or if the defendants agree to your terms, you can take an agreement at the settlement hearing.If you feel the settlement doesn't do your claim justice, you can turn it down.
Step 13: If applicable, present your case to the judge in court.
You will need to appear in court if you can't reach an agreement with the other party during the settlement hearing.The judge will make a ruling after reviewing your claim and witnesses.If you can afford a lawyer in court, they can represent you and make sure you state your case correctly.
Step 14: If you disagree with the court's decision, you have 45 days to appeal it.
You need to file a Notice of Appeal, a copy of the Request for Transcript, and a Case Information Statement with the Appellate Division.The judge who decided the case, all individuals who appeared in court, and the Office of the Special Civil Part are all required to have copies of these documents.You need to appear in court on a new date and give evidence to support your appeal.It costs $250USD to file an appeal and you must include a $300USD deposit with the Clerk of the Appellate Division within 30 days.The $300USD deposit will be returned if the appeal is successful.