To file a Special Civil Part complaint in New Jersey, download the free filing kit from njcourts.gov, complete the complaint (Form A) and the top portion of the summons (Form B), and submit them with a $50 or $75 filing fee to the Office of the Special Civil Part Clerk in the county where the defendant lives. The court handles mailing the papers to the defendant after you file. Special Civil Part handles money claims of $20,000 or less.1NJ Courts. Lawsuits $20,000 or Less (Special Civil)
Where to Get the Forms
The New Jersey Judiciary posts the complete Special Civil Part filing kit on its self-help page at njcourts.gov/self-help/special-civil-court. The kit includes the complaint form (Form A), the summons (Form B, designated Appendix XI-A(1)), and instructions for both. You fill out the entire complaint and only the top portion of the summons. The clerk completes the rest of the summons after you file.1NJ Courts. Lawsuits $20,000 or Less (Special Civil)
Which County to File In
File in the county where at least one defendant lives, or the clerk will return your complaint. If the defendant is a business, it “resides” in the county where its registered office sits or any county where it actually does business. For a security deposit case, you can also file in the county where the rental property is located. If every defendant lives outside New Jersey, file in the county where the dispute arose.
When a clerk catches a venue error before processing, your paperwork gets date-stamped and returned with instructions to refile in the correct county within 15 days. That original stamp date counts as your filing date if you meet the deadline.
Completing the Party Information
At the top of the complaint, write the county where you’re filing and the full legal names and mailing addresses for every party. Include a phone number for yourself as plaintiff. For the defendant, list a physical address where the court can mail the summons. A P.O. Box alone won’t work for service.
If the defendant is a business, use the company’s legal name rather than a trade name, along with the registered agent’s name and address. You can look up a New Jersey business’s registered agent through the NJ Division of Revenue’s business records search. For LLCs and corporations, the registered agent listed with the state is the safest option for service. Getting the defendant’s name and address right matters more than anything else on this form. If the court can’t deliver the summons because the address is wrong, your case stalls.
Writing the Claim Description
The complaint asks you to describe why the defendant owes you money and state the exact dollar amount. This section doesn’t need to read like a legal brief, but it does need to cover three things clearly: what happened, when it happened, and how much the defendant owes as a result.
A breach of contract claim should identify the date of the agreement, what each side promised, how the defendant broke the agreement, and the dollar amount of your loss. A property damage claim should describe when and how the damage occurred and what it costs to repair or replace. If you’re claiming interest on a debt, state the date the debt started and your interest calculation. Keep the narrative factual and skip commentary about the defendant’s character.
The $20,000 Limit
Your total demand cannot exceed $20,000, which is the Special Civil Part’s jurisdictional cap.2New Jersey Courts. New Jersey Rules Governing the Courts of the State of New Jersey Claims above $5,000 but at or below $20,000 belong in the regular Special Civil Part section. If your claim is $5,000 or less, you have the option of filing in the Small Claims section instead, which uses a simpler process and lower fees.3New Jersey Division of Consumer Affairs. Small Claims Court If your actual damages exceed $20,000, you can still file here, but the court treats you as having waived the excess. You’ll never recover more than $20,000 plus costs, even if you prove higher damages.
The Pending Case Certification
The complaint includes a certification that the same dispute is not already pending in another court or arbitration. You sign this under penalty of sanctions, so make sure it’s accurate. If a related case exists elsewhere, disclose it.
Filing Fees
Filing fees depend on the amount you’re claiming:
- Claims of $5,000 or less: $50 for one defendant, plus $5 for each additional defendant.
- Claims over $5,000: $75 for one defendant, plus $5 for each additional defendant.3New Jersey Division of Consumer Affairs. Small Claims Court
On top of the filing fee, you pay for service of process. The court charges $10 per defendant for service by certified and regular mail.4Superior Court of New Jersey. Special Civil – A Guide to the Court If the first attempt fails and reservice by a court officer is needed, that costs $3 per defendant plus $7 for the officer’s service fee, plus mileage from the courthouse to the defendant’s location.5Justia Law. New Jersey Revised Statutes Section 22A:2-37.1 Mileage rates are set by the Administrative Director of the Courts and vary by town within each county.6New Jersey Courts. Notice Special Civil Part – Revisions to Mileage List
How to Submit the Complaint
You can submit your complaint electronically through the New Jersey eCourts system, which is open to both attorneys and self-represented litigants.7NJ Courts. eCourts and eFiling You can also mail or hand-deliver the forms to the Office of the Special Civil Part Clerk in the county where you’re filing. Once the clerk accepts your complaint, the case receives a docket number beginning with “DC” and you get a stamped filed copy as proof that the lawsuit has officially started.
If You Can’t Afford the Filing Fees
You can apply for a fee waiver based on financial need. The Judiciary provides two forms: Form A (Certification in Support of Fee Waiver) and Form B (Order Waiving Filing Fees). Submit both to the Special Civil Part clerk in the county where you’re filing.8New Jersey Courts. How to File for a Fee Waiver – All Courts
Attach documentation of your finances: two months of records showing any income (welfare, unemployment, disability, Social Security) and six months of bank statements for all accounts. One condition to keep in mind: if the court grants your waiver and you later win more than $2,000 in that same case, you’ll have to repay the waived fees.8New Jersey Courts. How to File for a Fee Waiver – All Courts
What Happens After You File
The court handles serving the defendant. The standard method is dual mail service: the clerk sends a certified letter with return receipt and a regular first-class copy of the summons and complaint to the defendant’s address. You don’t hire a process server or deliver the papers yourself.
Once served, the defendant has 35 days to file a written answer with the court along with the required answer fee.4Superior Court of New Jersey. Special Civil – A Guide to the Court If the defendant answers, the court schedules a trial date and notifies both sides. If you’re suing a business entity, the summons must reach someone authorized to accept legal papers for the company: an officer, director, registered agent, or manager. Serving a random employee at the front desk usually won’t satisfy the legal requirements.
If the Defendant Doesn’t Respond
When the defendant ignores the lawsuit and fails to answer within 35 days, you can ask the court to enter a default and then request a default judgment. The request must be submitted within six months of the date the default was entered.9New Jersey Courts. How to Request a Default Judgment
Before entering a default judgment against an individual defendant, federal law requires you to verify whether the defendant is on active military duty. The Servicemembers Civil Relief Act protects active-duty service members from default judgments.10United States Courts. Servicemembers Civil Relief Act You can check military status through the Department of Defense Manpower Data Center at scra.dmdc.osd.mil, then complete the Certification of Proof form confirming the defendant is not in active service. If you’re suing a business, the military status check is not required.9New Jersey Courts. How to Request a Default Judgment
Along with the military certification, submit documentation proving your claim: contracts, invoices, receipts, photographs, estimates, or any records showing what the defendant owes and how you calculated the amount. The person with firsthand knowledge signs the certification, which must reach the court within 30 days of signing. Once the court enters the judgment, you have seven days to notify the defendant by U.S. mail of the judgment date and amount.9New Jersey Courts. How to Request a Default Judgment