pettylawsuit
Filing Guide

New Jersey Small Claims Filing GuideStep-by-Step Process for Special Civil Part

File your small claims case correctly in any of New Jersey's 21 county courts. Our comprehensive guide walks you through each step with clear deadlines and requirements.

35
Days to Respond
15
Days to Serve
21
County Courts
$5K
Max Claim

$29 service fee + court filing fees

Filing Process: Step by Step

Step 1

Determine Proper Venue

File in the county where the defendant resides or where the dispute occurred.

  • If defendant is an individual: file where they live
  • If defendant is a business: file where they operate
  • Alternative: file where the incident happened
  • Choose from New Jersey's 21 county courts
Step 2

Gather Required Information

Collect all necessary details before starting your complaint.

  • Defendant's full legal name and address
  • Exact amount of damages (up to $5,000)
  • Date(s) of the incident
  • Supporting documentation and evidence
  • Witness contact information if applicable
Step 3

Complete DC-6 Complaint Form

Fill out the official Small Claims Complaint form accurately.

  • Use DC-6 form from NJ Courts
  • Write clear, concise description of dispute
  • Specify exact monetary damages
  • Include all defendants if multiple parties
  • Sign and date the complaint
Step 4

File with Special Civil Part

Submit your complaint to the court clerk and pay filing fees.

  • Visit Special Civil Part office in chosen county
  • Pay filing fee: $54 (up to $1,000) or $79 ($1,001-$5,000)
  • Receive case number and summons
  • Get certified copies for service
  • Keep your receipt and case documents
Step 5

Serve the Defendant

Arrange for legal service within 15 days of filing.

  • Certified mail service: $8-15 (most common)
  • Personal service by sheriff: $40+
  • Service must be completed within 15 days
  • File proof of service with court
  • Track delivery confirmation
Step 6

Wait for Response

Defendant has 35 days to respond after being served.

  • 35-day response period starts from service date
  • Defendant may: contest, settle, or not respond
  • If no response: request default judgment
  • If contested: prepare for hearing
  • Court will schedule hearing date

Where to File Your Case

Choosing the Right County Court

Primary Rule: Defendant's Location

File your case in the county where the defendant lives or conducts business. This is the most common and accepted venue for small claims cases.

Alternative: Where Incident Occurred

You may also file in the county where the dispute arose or where the contract was to be performed.

Important: If you file in the wrong county, the defendant can request to transfer the case, which will delay proceedings and may result in additional costs.

Examples - Individual Defendant

  • • Tenant lives in Bergen County → File in Bergen
  • • Driver lives in Essex County → File in Essex
  • • Contractor lives in Morris County → File in Morris

Examples - Business Defendant

  • • Store located in Camden County → File in Camden
  • • Office in Mercer County → File in Mercer
  • • Work performed in Ocean County → File in Ocean

Important Deadlines & Timeline

Day 1: File Your Complaint

Submit DC-6 form and pay filing fee at Special Civil Part

Days 1-15: Serve the Defendant

Must complete service within 15 days of filing

Days 16-50: Response Period

Defendant has 35 days from service date to respond

Days 51-80: Hearing Scheduled

Court schedules hearing if case is contested

Day 80+: Trial and Judgment

Present your case to the judge for decision

Service Deadline: Failure to serve within 15 days may result in case dismissal. If you cannot locate the defendant, request an extension from the court immediately.

Service Requirements

Certified Mail Service

Most common and cost-effective method

  • • Cost: $8-15
  • • Green card provides proof of service
  • • Suitable for most defendants
  • • Track delivery online
  • • File green card with court

Personal Service

Required if certified mail fails or is refused

  • • Cost: $40+ (sheriff or process server)
  • • Hand delivery to defendant
  • • Can serve at home or work
  • • Affidavit of service provided
  • • More reliable for evasive defendants
Proof of Service: Always file proof of service with the court immediately. Without proper proof, the court cannot proceed with your case even if the defendant was actually served.

Ready to File Your New Jersey Small Claims Case?

Don't let complex procedures delay your case. We handle all the filing requirements, deadlines, and service procedures for you.

$29 service fee + court filing fees

Frequently asked questions

Where do I file small claims in New Jersey?

File in the Special Civil Part of the Superior Court in the county where the defendant lives or where the incident occurred. New Jersey has 21 county courts.

How long do defendants have to respond in NJ small claims?

Defendants have 35 days to respond after being served with the complaint and summons in New Jersey small claims court.