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SMALL CLAIMS COURT

(Please note: The information below is not intended to provide or take the place of legal advice. For legal advice about your rights, you should contact a lawyer.  If you do not have a lawyer, you may contact the MCBA Lawyer Referral Service by email at lrs@mcbalaw.com or by calling (732) 828-0053.  If you cannot afford an attorney, you may contact the Central Jersey Legal Services Corporation at (732) 249-7600 to see if you are eligible for free legal services.)

The Small Claims Section is a court in which you may sue someone (the defendant) to collect a small amount of money that you believe is owed to you.  Because procedures in Small Claims are simpler than in other courts, persons usually can file and present their cases relatively quickly and inexpensively, and often without an attorney.

SMALL CLAIMS SECTION

Small Claims is one of the three sections of the Superior Court's Special Civil Part.  The other two sections are Landlord/Tenant and regular Special Civil Part. Small Claims handles cases in which the demand is not more than $3,000.  If the amount of money you are trying to recover is more than $3,000,  but less than $15,000, your case should be filed in the regular Special Civil Part.  Cases in which damages are more than $15,000 must be filed in the Law Division of the Superior Court.

(If you believe you are entitled to damages greater than $3,000 but still wish to sue in Small Claims, you give up your right to recover damages over $3,000.  The additional money cannot be claimed later in a separate lawsuit.)

How to Sue in Small Claims Court - Motor Vehicle

How to Sue in Small Claims Court - Non-Motor Vehicle (including forms)

Small Claims Process

 

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