New Jersey Small Claims Court FAQs

What Is The New Jersey Small Claims, Special Civil Part Court?

In New Jersey, small claims cases are handled by the Superior Court of New Jersey, Law Division, Special Civil Part, Small Claims Section, Special Civil Part.   A New Jersey Small Claim case is a civil case in which the money sought to be recovered does not exceed $3,000 (or $5,000 if the case involves the return of a rental security deposit).   Lawsuits for higher amounts of money must be filed with other courts.   In cases for damages up to $15,000, the claimant should file in the regular Special Civil Part and in Cases involving damages greater than $15,000, the claimant should file in the Superior Court of New Jersey, Law Division, Civil Part.  There are also exceptions to these rules – not all types of cases are able to be filed in the New Jersey Small Claims Section, Special Civil Part.   For example, if you have a claim involving a family law situation, you may have to file in the Superior Court of New Jersey, Chancery Division, Family Part.  Also, if you are a landlord who seeks to evict a tenant for nonpayment of rent, you may have to file your claim in the Superior Court of New Jersey, Law Division, Special Civil Part, Landlord Tenant Section.    If you file your lawsuit in the New Jersey Small Claims Section, Special Civil Part, you shall very likely be prevented from recovering more money than $3,000 (or $5,000 if the case involves the return of a rental security deposit).    Because the procedures for handling cases in the New Jersey Small Claims Section, Special Civil Part are relatively easier than in courts deciding cases involving larger sums of money, most lawsuits filed in the New Jersey Small Claims Section, Special Civil Part move more rapidly through the New Jersey court system than lawsuits filed for larger sums of money.

What If My Damages Are Higher Than The New Jersey Small Claims Section, Special Civil Part Limit But I Am Willing To Give Up The Chance To Recover More Than The Maximum Amounts Recoverable In The New Jersey Small Claims Section, Special Civil Part?   

It is not unusual for people with damage claims higher than the New Jersey Small Claims Section, Special Civil Part limit to file their lawsuit in the New Jersey Small Claims Section, Special Civil Part.  If you are willing to forever give up your right to recover money damages higher than the limits of the New Jersey Small Claims Section, Special Civil Part, you are able to file your case in the New Jersey Small Claims Section, Special Civil Part. 

What Happens If The New Jersey Small Claims Section, Special Civil Part Case Involves A Corporation, Partnership Or Limited Liability Company?

The officers of corporations, partnerships, limited liability companies and the like can generally appear in New Jersey Small Claims Section, Special Civil Part but cannot generally appear in New Jersey regular Special Civil Part in cases involving disputes exceeding $3,000 since the corporation, partnership or limited liability company must usually be represented by an attorney.  There may be some exceptions to these rules, such as where the case involves a summary action for possession of premises.   Consult with a New Jersey licensed attorney to confirm whether the corporation, partnership or limited liability company may appear in the Court where you are filing your case.  Also, if you sue a company and the company represents itself at trial and you thereafter win the case and recover a judgment, it is possible that the company shall get the judgment overturned because they were not permitted to appear in court for themselves in the first place!

What Types Of Cases Are Usually Filed In The New Jersey Small Claims Section, Special Civil Part?

·         Contract disputes

·         Property damage disputes, such as car accidents where only property is damaged (and persons do not sustain serious personal injuries)

·         Bill collection disputes

·         Security deposit disputes

·         Disputes between consumers and merchants involving unsatisfactory goods or services, such as home repair disputes or automotive repair disputes

What Types Of Cases Cannot Be Filed In The New Jersey Small Claims Section, Special Civil Part?

·         Cases where the claimant seeks to recover sums that exceed the damages recoverable in the small claims section, Special Civil Part – $3,000 (or $5,000 if the case involves the return of a rental security deposit).  

·         Cases involving a family law situation, such as those involving divorce, child support, spousal support or promises between boyfriends and girlfriends or fiancées for the payment of sums of money associated with their relationships.

·         Professional Liability/Malpractice cases – claims brought against doctors, lawyers, architects, engineers and similar licensed professionals for conduct involving violations of their professional responsibilities/duties

·         Cases involving the probate of a will or other certain issues involving the administration of an estate or certain claims brought against it.

·         Cases where a landlord who seeks to evict a tenant for nonpayment of rent (there is a Court called the Superior Court of New Jersey, Law Division, Special Civil Part, Landlord Tenant Section that handles most such disputes). 

When Do I File A Lawsuit In The New Jersey Small Claims Section, Special Civil Part?

There are specific deadlines for all types of lawsuits, called statutes of limitation or statutes of repose.  For example, some contract disputes must be filed within 4 years that the dispute first arose or from the date the contract was signed, while other contract disputes must be filed within 6 years of one of those two events.  To determine which deadlines apply to your case, consult a licensed New Jersey attorney.  Failure to file a lawsuit within the specific deadline may result in your forever giving up all rights to file a lawsuit against the people or businesses who you believe caused you to suffer damages.  If your claim involves a government branch or government employee, consult with a licensed New Jersey attorney, since you may have 90 days or less to file a claim notice in writing before you are even able to file a lawsuit. 

How And Where Do I File A Lawsuit In The New Jersey Small Claims Section, Special Civil Part?

You may file a lawsuit – called a “complaint” – in the New Jersey Small Claims Section, Special Civil Part by preparing a written complaint and filing it by either visiting the New Jersey Superior Courthouse or appropriate Court Finance Office in the county where you intend to file the complaint – all of which are located in the county seat of the appropriate county -- or by sending the necessary paperwork to the appropriate county office of the Superior Court of New Jersey.  Unless you qualify for indigent status (provided to people with limited income), you must pay filing and service fee to file your complaint and to have it served on the defendants named to the complaint.  The fee is determined based on the number of parties you are suing, the dollar amount of the dispute and the type of trial you want.  The New Jersey Special Civil Part fees often change, so it is important that you check with the court as to the appropriate fee when you are actually ready to file your papers.  If you are poor, you may ask the court for an application for indigent status, which, if granted, shall result in your filing fees being waived by the New Jersey Small Claims, Special Civil Part Court.  Only persons age 18 or older are able to file a complaint for themselves (minors must file a lawsuit through their parent or guardian).  There are specific rules about where to file complaints in the New Jersey Special Civil Part, which depend on various considerations.  For example, if the person you are suing lives in New Jersey or if you are suing a company with an office in New Jersey or with a registered agent in New Jersey, you usually must sue in the county where the person resides or where the company’s office or registered agent is located.  If none of the individuals that you are suing lives or (in the case of a business) has an office in New Jersey, you file the complaint in the county where the events giving rise to the complaint actually occurred.  Complaint forms are available at the appropriate office of the New Jersey Special Civil Part and via the worldwide web.  However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services.  Each case has its own particular legal issues and therefore, its own challenges.  It is extremely important that you prepare your complaint very carefully and make sure that you include in the document a list of all factual and legal reasons why you may have a right to win your case, since failure to do so could cause you to lose your case.  It is very common for people to file inadequate or incorrect complaints that result in the complaints or answers to complaints being rejected by the New Jersey Special Civil Part or being dismissed by the New Jersey Special Civil Part after filing and before or after trial because of procedural deficiencies.   When filing a complaint in the New Jersey Small Claims Section, Special Civil Part, be sure to include the following information:

§  your full name, address, and telephone number.

§  the correct names and addresses of all people named as defendants in the complaint.

§  properly identify whether each defendant is an individual, a sole proprietorship, a partnership, or a corporation.

§  the amount of money for which you are suing.

§  a list of factual reasons why you seek damages from each defendant

§  a list of all legal reasons why you may have a right to win your case.

§  whether at the present time there is any other case involving both you and the other parties named to the lawsuit and, if so, the name of the court in which any other such case is being heard.

§  your signature on the complaint form.

If you are not represented by an attorney in a New Jersey Small Claims Section, Special Civil Part case, you are called a “pro se litigant”.  Most complaints filed in New Jersey Special Civil Part that go to trial are nonjury trials, meaning that only a judge hears the case.  There may be certain exceptions and you should ask an attorney to explain those exceptions to you.  For example, the court may, in its discretion, order a trial by jury at the plaintiff's expense, to be added in the costs of the action notwithstanding the failure of all parties to have made a jury demand.   If you are a plaintiff and want a jury to determine your case rather than a judge alone, don’t file your case in New Jersey Small Claims Section, Special Civil Part; instead, file the case in the regular New Jersey  Special Civil Part!

What If I Am Sued In The New Jersey Small Claims Section, Special Civil Part?

If you are sued in the New Jersey Small Claims Section, Special Civil Part, you shall be named to a complaint or counterclaim and must be prepared to defend yourself in court by appearing when the trial is scheduled in your case.  Failure to do so will normally result in your being defaulted and exposes you to the risk of having a money judgment entered against you and thereafter, possibly losing money or property.  If you are not represented by an attorney in a New Jersey Small Claims Section, Special Civil Part case, you are called a “pro se litigant”.  Most cases filed in the New Jersey Small Claims Section, Special Civil Part that go to trial are nonjury trials, meaning that only a judge hears the case.  A defendant may demand a jury trial by paying an additional filing fee and filing a written demand for a trial by jury with the court clerk at the principal location of the court.  However, the demand must be filed with the court clerk served upon opposing parties at least five days before the return day stated on the summons, whereupon the clerk shall transfer the action from the New Jersey Small Claims Section, Special Civil Part to the regular New Jersey Special Civil Part.  Jury trials are much more complex than nonjury trials and usually require much more preparation, including extensive paperwork.  However, a jury trial demand may result in the facts of your case being decided by a jury of ordinary people rather than by a single judge.  Even where a party requests a jury trial, the legal issues in the trial are normally decided by the judge hearing the case.

What If I Am Sued In The New Jersey Small Claims Section, Special Civil Part But Someone Owes Me Money Because Of The Situation That Is The Subject Of The Complaint Filed Against Me?

If you are a defendant and plaintiff or someone that isn’t named in the complaint owes you money or property based on the same set of facts as those in dispute in the complaint or facts related to the dispute, you may be able to file a counterclaim or third party complaint to recover the money or property (discussed below).  If there are valid facts and legal reasons to support it, a defendant can file their own lawsuit against a plaintiff, called a “counterclaim If you are sued and someone who is not named in the lawsuit is partially or totally responsible for the plaintiff’s damages or for damages you suffered and there are valid facts and legal reasons to support it, a defendant can file their own complaint, called a “third party complaint”.  By doing so, the defendant names parties not originally named to the complaint as additional parties to the case.  Counterclaims and third party complaints must be prepared in writing and filed with the appropriate court where the original complaint is being heard normally require extra fees above the cost of filing an answer to the original complaint.  In the case of a third party complaint, once properly filed, the New Jersey Small Claims Section, Special Civil Part normally serves it on the plaintiff.  Forms may be available at the appropriate office of the New Jersey Small Claims Section, Special Civil Part and via the worldwide web.  However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services.  Each case has its own particular legal issues and therefore, its own challenges.  It is very common for people to file inadequate or incorrect complaints or counterclaims that result in the complaints or answers to complaints or counterclaims being rejected by the New Jersey Small Claims Section, Special Civil Part or being dismissed by the New Jersey Small Claims Section, Special Civil Part after filing and before or after trial because of procedural deficiencies.  It is important to be truthful and not to make misstatements of facts when filing counterclaims and third party complaints.   It is extremely important that you prepare your counterclaim or third party complaint carefully and make sure that you include in the documents a detailed list of all reasons why you may have a right to win your case, since failure to do so could cause you to lose your case.  Accordingly, when you are sued and when you want to file a counterclaim or third party complaint, you should seriously consider hiring an attorney to prepare your response to the complaint or counterclaim, to prepare written requests for information to the party that sued you (discussed further below) and if you can afford it, to have an attorney represent you in court.  After your counterclaim or third party complaint is prepared, you must file it by either visiting the New Jersey Superior Courthouse or appropriate Court Finance Office in the county where the complaint was filed – all of which are located in the county seat of the appropriate county -- or by sending the necessary paperwork to the appropriate county office of the Superior Court of New Jersey.  When filing a counterclaim or third party complaint in the New Jersey Small Claims Section, Special Civil Part, be sure to include the following information:

§  your full name, address, and telephone number.

§  the correct names and addresses of all people named as defendants in the complaint.

§  properly identify whether each defendant is an individual, a sole proprietorship, a partnership, or a corporation.

§  the amount of money for which you are suing.

§  a list of factual reasons why you seek damages from each plaintiff or third party defendant

§  a list of all legal reasons why you may have a right to win your case.

§  whether at the present time there is any other case involving both you and the other parties named to the lawsuit and, if so, the name of the court in which any other such case is being heard.

§  your signature on the counterclaim or third party complaint form.

You must pay a fee to file the document.  If you are owed more than the limit for claims filed in the New Jersey Small Claims Section, Special Civil Part and you want to recover all the money you believe you are due, you shall have to get instructions on how to have the case removed from that section, Special Civil Part to the regular New Jersey Special Civil Part (if the sum that you claim does not exceed $15,000) or the Law Division, Civil Part (if the sum you claim is greater than $15,000).

What If I Filed A Complaint And Defendant Filed A Counterclaim Against Me In A New Jersey Small Claims Section, Special Civil Part Case?

If there are valid facts and legal reasons to support it, a defendant can file their own lawsuit against a plaintiff, called a “counterclaim”.  If you are named to a counterclaim, you must be prepared to defend yourself in court by appearing when the trial is scheduled in your case.  Failure to do so will normally result in your being defaulted and exposes you to the risk of having a money judgment entered against you and thereafter, possibly losing money or property.  It is possible for plaintiffs to win on their complaint only to lose on a defendant’s counterclaim.  If you are not represented by an attorney in a New Jersey Small Claims Section, Special Civil Part case, you are called a “pro se litigant”.  Most cases filed New Jersey Small Claims Section, Special Civil Part that go to trial are nonjury trials, meaning that only a judge hears the case.    If you are a defendant in a New Jersey Small Claims Section, Special Civil Part case, you could try to demand a jury trial by paying an additional filing fee and filing a written demand for a trial by jury with the court clerk at the principal location of the court.  However, the demand must be filed with the court clerk served upon opposing parties at least five days before the return day stated on the summons, whereupon the clerk shall transfer the action from the New Jersey Small Claims Section, Special Civil Part to the regular New Jersey Special Civil Part. Jury trials are much more complex than nonjury trials and usually require much more preparation, including extensive paperwork.  However, a jury trial demand may result in the facts of your case being decided by a jury of ordinary people rather than by a single judge.  Even where a party requests a jury trial, the legal issues in the trial are normally decided by the judge hearing the case.

If I Am A Plaintiff Or Defendant New Jersey Small Claims Section, Special Civil Part, Will The Other Side Have An Attorney?

If you are not represented by an attorney in a New Jersey Small Claims Section, Special Civil Part case, you are called a “pro se litigant”.  While people can and often do represent themselves New Jersey Small Claims Section, Special Civil Part court, their opponent may be represented by an attorney, which often places the unrepresented party at a major disadvantage.  If possible, hire an attorney to at least prepare any necessary court paperwork and if you can afford it, to also appear and represent you in court at any motions or trials.   The proper preparation of legal papers and preparation of a case for trial often requires knowledge of legal issues that only attorneys have.  Court rules and evidence rules are often complex and accordingly, are often difficult to follow.  Trials can be very complex and time consuming – sometimes they take all day or more than one day to complete.  People who are not attorneys licensed to practice law in New Jersey are not able to give you legal advice about New Jersey Small Claims Section, Special Civil Part disputes that are heard by New Jersey courts, regardless of whether the people work for a court or work for an attorney. 

If The Other Side Hires An Attorney, Should I Deal With The Attorney Or Their Clients?

If a party is represented by an attorney in a New Jersey Small Claims Section, Special Civil Part dispute, you must generally avoid having oral or written contact regarding the case with the represented party and instead, must make all communications involving the case through the represented party’s attorney.

What Happens After The New Jersey Small Claims Section, Special Civil Part Complaint Is Filed?

After the complaint is filed, court staff shall serve the complaint on the defendants, usually by mailing it by certified and regular mail.  The defendant has 35 days following service of the complaint to file an answer.  The summons should state the date on which the complaint was served.  The New Jersey Small Claims Section, Special Civil Part normally mails the plaintiff a notice stating the date on which cases are automatically defaulted (35 days after service of the answer). 

What Happens At Trial In A New Jersey Small Claims Section, Special Civil Part Case?

On the day that your case goes to trial you must appear at court.  Usually, many cases are heard on the day that your case is called for trial and it is not uncommon for many people to wait in a single courtroom for their case to be called.  You must be on time to avoid losing your case!  If a plaintiff fails to appear when their case is called, the New Jersey Small Claims Section, Special Civil Part is likely to dismiss the complaint.  If a defendant fails to appear when the case is called, the New Jersey Small Claims Section, Special Civil Part shall likely enter a default.  If a default is entered, you shall have to prepare and file paperwork with the court asking the court to enter a default judgment in your favor.  If no default is entered, you must be prepared to present your case or defense.  It is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the case.  A court has the power to punish unprepared parties, such as by throwing their case out of court or limiting what they can present at trial.  You must bring all documents, photographs, videos and other items with you to the trial that are necessary to prove your case (preferably originals).  Even if you bring such documents and items to court, the New Jersey Small Claims Section, Special Civil Part may refuse to allow you to use them at your trial.  New Jersey has published cases, laws, regulations, court rules and rules of evidence that are very tricky and that can be used to prevent you from doing much of what you want to do at trial.  Accordingly, before trial, you must consult all of these rules to determine how you intend to get your documents and items into evidence or how to properly use them at trial.  Hearsay rules of evidence are particularly troublesome and you should study them carefully before trial.  For example, it is very common for courts to refuse to allow a party to use or refer to documents or items that the person themselves never prepared.  Often parties stumble into Small Claims Section with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a judge tell the parties that it is not going to even consider such items or documents.  Without the proper preparation, items and documents may never be considered by the New Jersey Small Claims Section, Special Civil Part.  Also, if there are any legal issues to be dealt with at trial, you must be prepared to argue them, which may require you to refer to court rules, evidence rules, laws, regulations or published cases.  If you have any witnesses that you need to testify for you at trial, then in advance of the trial and as required by court rules, laws and published cases, you must prepare a written subpoena (or subpoenas if the case is adjourned).   Such a subpoena must normally be personally served by a process server rather than by mail.  If you want to force one of the parties to the case to testify as part of your case, since they might not show up at the trial (it is possible that only their attorney will show up), you should serve them with a notice in lieu of subpoena.  If you think that you could have problems getting someone to show up to provide testimony at trial, you should have a process server serve them with a subpoena or  if they are a party to the dispute, a notice in lieu of subpoena.  Without witnesses to testify at trial (especially experts, discussed above), you may lose your case.  Trials can be very complex and time consuming – sometimes they take all day or more than one day to complete.  Also, it is very common for trials to get adjourned because someone is not ready to present their case for a valid reason (but you can never expect that you shall automatically get an adjournment and you must always be fully ready to try your case on the date that the trial is scheduled since courts often refuse adjournment requests and dismiss cases if parties are not prepared to proceed with their case or defense on the trial date).  It is best to have your questions for any witnesses prepared in advance.  At the end of trial, the New Jersey Small Claims Section, Special Civil Part normally enters a judgment for or against you.  The New Jersey Small Claims Section, Special Civil Part may also withhold or “reserve” judgment for a later date, which normally results in the New Jersey Small Claims Section, Special Civil Part taking time to write up its reasons for its decision and mailing it to the parties’ last known addresses (or to their attorneys, if they are represented). 

What Is Court Mediation?

In most cases, before the trial occurs the New Jersey Small Claims Section, Special Civil Part requires the parties to mediate their dispute.  Mediation is an informal hearing normally held in a conference room.  You and the other party and any attorneys involved in the case appear at the mediation.  The mediation is conducted by a neutral court appointed mediator.  The mediator is trained in resolving disputes through the process of mediation.  Accordingly, the mediator attempts to resolve the case by suggesting a possible settlement to both parties.  During the mediation, none of the parties is required to settle the case.  Indeed, one or all of the parties may not even make any offer to settle.   Note that cases do not always undergo mediation.  If the case cannot be settled before trial and your case is called to be tried, you must be prepared to present your case or defenses.

Is It Possible To Settle My New Jersey Small Claims Section, Special Civil Part Case?

Parties may voluntarily agree to settle their case but preparing the proper settlement agreement requires great care.  Normally, at any trial proceeding, the New Jersey Small Claims Section, Special Civil Part has settlement forms for the parties to complete.  However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services.  Each case has its own particular legal issues and therefore, its own challenges.   For example, what if you don’t include protections to yourself in the agreement?   A court may refuse to enforce a settlement agreement if it is unclear what the parties agreed to.  Also, if a party fails to honor a settlement, you may have to return to court if you want to enforce the settlement, which normally requires you to file a motion.  If you can afford an attorney, it is best to have the attorney prepare the settlement agreement so that they can try to make the other parties agree to the best settlement terms for you.  If you do settle your case yourself, you should notify the New Jersey Small Claims Section, Special Civil Part as soon as possible – with a phone call and then followed up in writing.  If the case is settled before trial, you should make every effort to advise the court before the trial occurs.

What Happens If A Default Judgment Is Entered Against You And You Ignore It?

If you ignore a judgment, your bank account may be frozen and money in it turned over to the judgment holder, some of your wages may be taken from you, your personal property may be seized by the sheriff and sold to satisfy the judgment and/or a lien may be put against a house you own.  If the complaint is for money damages caused by a motor vehicle accident and the judgment requires a defendant to pay $500 or more, the defendant must pay within 60 days and if they do not, the plaintiff may file papers asking the New Jersey Small Claims Section, Special Civil Part to direct the New Jersey Motor Vehicle Commission to stop the defendant's driving and registration privileges until that judgment is paid.  Often people wait until their bank account is frozen or until their wages are attached to take action – at that point it is difficult and sometimes too late to do anything to successfully stop those collection efforts.  It is not uncommon to refuse to help such latecomers from taking issue with the collection efforts unless they file papers with the court for relief.  However, once a judgment is entered against you, you may ask the court to remove or “vacate” the judgment (discussed below).

Do I Need An Expert Witness To Prove My New Jersey Small Claims Section, Special Civil Part Case?

Often to prove one’s case or to successfully defend against a complaint, it is necessary to hire an expert witness to prepare a proper expert report and to testify regarding another party’s misconduct and the damages sustained as a result of the misconduct.  If scientific, technical, or other specialized knowledge will assist the factfinder at trial to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.  To be considered by the New Jersey Small Claims Section, Special Civil Part, normally an expert’s opinion must meet three basic requirements:   (1) the intended testimony must concern a subject matter that is beyond the knowledge of the average juror; (2) the subject testified to must be at a state of the art such that an expert’s testimony could be sufficiently reliable; and (3) the witness must have sufficient expertise to offer the intended testimony.  To meet the element of whether expert testimony is sufficiently reliable, the party offering the expert testimony must demonstrate that the expert’s opinion or theory is generally accepted within the scientific community.   An expert's opinion must be supported by facts or data either in the record or of a type usually relied upon by experts in the field.  Bare conclusions of an expert that are not supported by factual evidence are inadmissible.  Likewise, expert conclusions based on discredited or improperly performed diagnostic tools are suspect.  An expert's trial testimony is confined to the opinion reflected in his or her report.  Many expert opinions are never admitted into evidence and experts are thereby prevented from testifying at trial because the New Jersey Small Claims Section, Special Civil Part finds the reports unreliable and/or inadequate.  Therefore, simply hiring an expert does not assure that you shall get their testimony into evidence.  Professional experts usually charge a fee to inspect your property and write a report – sometimes they bill by the hour and sometimes via a flat fee arrangement linked to each service they are to perform.  The expert normally sends a copy of their report to the party who hired the expert.  If your case requires expert testimony and the matter goes all the way to trial, it shall be necessary to have the expert appear at and testify at same.  The expert usually charges additional fees for the time during which they must appear at trial but you may get the expert to include such services as part of the fee to perform inspections and to write reports.  While there are some exceptions, normally, courts do not allow people to show up at trial to introduce into evidence estimates, expert reports and other documents that they never prepared and witnesses are often necessary to prove one’s case, especially when it comes to the party’s damages.  

What Happens If Defendant Is Defaulted On A Complaint Or If Plaintiff Is Defaulted On A Counterclaim In A New Jersey Small Claims Section, Special Civil Part Case?

If a defendant is defaulted at trial for failure to appear and to defend the New Jersey small claims section case or if plaintiff is defaulted for failure to appear and to defend against a counterclaim, then no trial will occur (unless the New Jersey Small Claims Section, Special Civil Part vacates the default) and the party winning the judgment usually has a certain time frame from the date of the entry of default to file additional paperwork with the New Jersey Small Claims Section, Special Civil Part to seek a default judgment against the losing party.  In some cases, securing a default judgment only requires the winning party to submit paperwork, while in other cases, the plaintiff has to prepare and file a motion and the New Jersey Small Claims Section, Special Civil Part may require the plaintiff and defendant to appear at a court hearing – a “proof hearing”.

What Happens If I Get A Judgment In A New Jersey Small Claims Section, Special Civil Part Case?

Once you get a judgment, you become a judgment creditor and you may decide to do nothing or more likely, you may decide to try to collect it.  To collect a New Jersey Small Claims Section, Special Civil Part judgment, New Jersey Special Civil Part officers may be of assistance in taking steps to collect it, but they cannot provide legal advice.  Normally, to collect on a judgment, you need to know the whereabouts of the debtor’s assets and you need to fill out paperwork to direct the court officer to try to recover the judgment from those assets.  The collection process is often difficult and if a debtor files for bankruptcy, you may never collect your judgment.  The court normally has forms available at the courthouse and on the worldwide web.  However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services.  Each case has its own particular legal issues and therefore, its own challenges.  If you can afford an attorney, it is best to have the attorney perform the steps necessary to collect any judgment. 

What If A Default And/Or Default Judgment Is Entered Against You And You Still Want A Trial?

If a default and/or default judgment was entered against you, you may seek to remove it, called “vacating the default” or “vacating the default judgment”.  To vacate either, you must normally prepare a written motion and file the motion with the New Jersey Small Claims Section, Special Civil Part asking that the default and/or default judgment be vacated.   The court normally has forms available at the courthouse and on the worldwide web.  However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services.  Each case has its own particular legal issues and therefore, its own challenges.   If you can afford an attorney, it is best to have the attorney perform the steps necessary to prepare the proper motion.  If you ignore the default, it may lead to the entry of a judgment against you.  If you ignore a judgment, your bank account may be frozen and money in it turned over to the judgment holder, some of your wages may be taken from you, your personal property may be seized by the sheriff and sold to satisfy the judgment and/or a lien may be put against a house you own.  If the complaint is for money damages caused by a motor vehicle accident and the judgment requires a defendant to pay $500 or more, the defendant must pay within 60 days and if they do not, the plaintiff may file papers asking the New Jersey Small Claims Section, Special Civil Part to direct the New Jersey Motor Vehicle Commission to stop the defendant's driving and registration privileges until that judgment is paid.

Taking Appeals -- What If I Lose My Trial Or The Court Refuses To Vacate A Default Judgment?

If you are a plaintiff and you lose a New Jersey Small Claims Section, Special Civil Part case, it could mean the dismissal of your lawsuit forever and it could prevent you from ever recovering money damages against a defendant who you believe owes you money.  If you are a defendant and you lose a New Jersey Small Claims Section, Special Civil Part case, it could mean the entry of a money judgment against you and the beginning of the plaintiff’s efforts to collect the judgment from you by freezing your bank accounts, attaching your wages, putting a lien on your home and forcing you to answer detailed questions about your finances.  If you disagree with the court’s decision about a summary judgment motion, you may file papers for the court to reconsider its decision – called a motion for reconsideration.  In some cases, the motion for reconsideration must be made in 20 days from the date of the court’s order deciding the summary judgment motion.  If the New Jersey Small Claims Section, Special Civil Part’s decision in your case is final, you may also appeal the case to a higher court -- the Appellate Division of the Superior Court.  There are very strict deadlines for filing appeals.   To appeal a final judgment that resolves all issues in the case, you may file a notice of appeal and other required documents with the Appellate Division within 45 days from the date of judgment and pay a fee to the Appellate Division – Small Claims Section appeals are not heard by the New Jersey Small Claims Section, Special Civil Part and you should not try to file appellate papers with the New Jersey Small Claims Section, Special Civil Part!   As part of your appeal, you usually must also prepare a written court transcript request and order a court transcript from the appropriate court that decided the matter against you and pay a fee for it.  Appeals are some of the most complex proceedings in the court system.  The court normally has forms available on the worldwide web.  However, neither court forms, websites nor advice from court personnel are good substitutes for a competent attorney’s legal services.  Each case has its own particular legal issues and therefore, its own challenges.   If you can afford an attorney, it is best to have the attorney perform the steps necessary to take an appeal.  Appeals from orders or judgments that are not final are called “interlocutory appeals” and the procedure for such appeals is somewhat different than those for appeals from final judgments or orders.

Can I Handle A New Jersey Small Claims Section, Special Civil Part Case Myself?

Many people can and do successfully handle Small Claims Section cases, from filing the first paperwork to the collection of a judgment.  However, many other people also make mistakes that lead to the dismissal of their cases or that result in the entry of a money judgment against them.  The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the case.  The following are reasons to use an attorney to handle part or all of your case:

·         New Jersey Small Claims Section, Special Civil Part fees often change

·         New Jersey Small Claims Section, Special Civil Part rules often change

·         New Jersey Small Claims Section, Special Civil Part employees cannot give you “free” legal advice and a judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees

·         New Jersey Small Claims Section, Special Civil Part court forms available on websites may not cover every situation you may face in court

·         each New Jersey Small Claims Section, Special Civil Part case has its own particular legal issues and therefore, its own challenges

·         it is very common for people to file inadequate or incorrect complaints that result in the complaints or answers to complaints being rejected by the New Jersey Small Claims Section, Special Civil Part or being dismissed by the New Jersey Small Claims Section, Special Civil Part after filing and before or after trial because of procedural deficiencies.  

·         it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the case. 

·         a court has the power to punish unprepared parties, such as by throwing their case out of court or limiting what they can present at trial. 

·         New Jersey has many published cases, laws, regulations, court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at trial. 

·         it is very common for courts to refuse to allow a party to use or refer to documents or items at trial that the person themselves never prepared.  Often parties stumble into New Jersey Small Claims Section, Special Civil Part with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a judge tell the parties that it is not going to even consider such items or documents. 

·         without the proper preparation, items and documents may never be considered by the New Jersey Small Claims Section, Special Civil Part.  Also, if there are any legal issues to be dealt with at trial, you must be prepared to argue them, which may require you to refer to court rules, evidence rules, laws, regulations or published cases. 

·         you cannot show up at the New Jersey Small Claims Section, Special Civil Part expecting the judge hearing your case to explain court rules, evidence rules, court procedure or the details of the law that applies to your case.  The judge hearing your case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your case.  Hiring an attorney to handle part or all of your case does not guarantee your success.  However, it may provide what is needed to win your case or to avoid certain mistakes.

Does The Law Office Of Paul Depetris Have Experience Handling Special Civil Part Cases?

Yes.  Paul DePetris has performed the following tasks:

·         handled cases for plaintiffs and defendants New Jersey Special Civil Part cases across New Jersey, from Bergen County to Cumberland County, including representations of individuals, small businesses and large corporations.

·         prepared and filed many complaints

·         tried nonjury trials in New Jersey Special Civil Part

·         tried jury trials in New Jersey Special Civil Part

·         mediated many New Jersey Special Civil Part cases

·         served as a voluntary court mediator for the New Jersey Special Civil Part, Burlington County, where he successfully assisted parties to lawsuits to settle their cases before they went to trial

·         argued motions in New Jersey Special Civil Part cases.

·         handled New Jersey Special Civil Part proof hearings

·         handled New Jersey Special Civil Part post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:

Mr. DePetris has also appeared in federal courts - the District of New Jersey in Camden, Trenton and Newark and in the Eastern District of Pennsylvania.

Mr. DePetris is also the author of the following publications:  New Jersey Consumer Fraud Act & Forms (New Jersey Law Journal Books, 2007); Learned Professionals, Licensed Semiprofessionals and the Consumer Fraud Act:  The Origins of the Licensed Professionals’ Doctrine (New Jersey Lawyer, Oct. 2008); and Liability For Consumer Fraud In Real Estate Transactions (New Jersey Law Journal, March 18, 2009).   Mr. DePetris also gives seminars on the New Jersey Consumer Fraud Act.

In What New Jersey Counties Will The Law Office Of Paul DePetris Handle New Jersey Special Civil Part Cases?

The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Special Civil Part and New Jersey Small Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:

What If I Don’t Have Enough Money To Hire An Attorney To Handle My New Jersey Small Claims Section, Special Civil Part From Beginning To End?

In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey Small Claims Section cases for an hourly fee, such as by offering to handle the case up to trial for a fixed fee or to help you handle your claim by yourself.  Such flexible methods may allow you to keep the amount legal fees you spend on your case to a fixed sum, while providing you the help you need to handle your case.  For a no cost phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or write an email to Mr. DePetris at consumerlaw@newjerseylemon.com.