Special Civil Court | NJ Courts (2024)

Examples:

• A person or company failed to comply with a written or oral contract.
• Your car was damaged in an accident.
• You paid money as a down payment and want it returned.
• Your property was damaged or lost.
• Merchandise you bought is defective.
• Work you paid for was faulty or not completed.
• You want to be paid for work you did.
• Someone wrote you a bad check.
• You gave a landlord a security deposit that was not returned.

Cases not eligible:

• Malpractice claims against doctors, dentists, lawyers, or other professionals
• Claims for child support or alimony
• Cases involving wills and inheritance
• Claims seeking anything other than money from thedefendant

Do I need a lawyer to file a lawsuit in the Special Civil Part?

The court system can be confusing, and it is a good idea to get a lawyer if you can. If you cannot afford a lawyer, you can contact the legal services program in your county to see if you qualify for free legal services.

Legal Services of New Jersey maintains a directory ofregional legal services offices.

The NJ State Bar Association also maintains alist of county referral servicesthat might be helpful.

Things to think about before representing yourself in court

How to sue for an amount of money up to $20,000

This kit has all of the forms and instructions for self-represented litigants to file a special civil case for moneydamages

Note: You must be 18 to file a court case. If you are under 18, your parent or guardian must filed the case for you.

8 steps to file a special civil case

1. Complete the Special Civil Part complaint (Form A in the Kit).
   
2. Complete the top part only of Special Civil Part Summons (Form B in the Kit). Do not include personal identifiers such as social security numbers on the copy of the documents that you file with the court. Complete the forms, make a copy, and thenredactor black out thepersonal identifierson the copies you will submit to the court.
   
3. Include the current address of the person you are suing.
   
4. Attach thefiling feeor request afee waiver:
   

   Suing one defendant up to $5,000:	$ 50
   Suing one defendant for more than $5,000:	$ 75
   Each additional defendant:	$ 5
   Mail service fee for each defendant:	$7
   If requesting a jury trial:	$100

   Checks should be made payable to “Treasurer, State of NJ”
   
5. Check forms to make sure they are complete. Sign the forms.
   
6. Make copies of all of the documents you will submit to the court and put them in a safe place.Check that you have redacted the personal identifiers on the copies you prepare for court.
   
7. Upload the documentsinto the Judiciary Electronic Document Submission (JEDS) system. You can pay the fee with a credit card. You can upload thefee waiver request formif needed. You also can mail the complaint , the summons and the fee to thecounty Superior Courtwhere the person or business is. Certified mail is recommended.
   
8. The defendant can file a writtenanswerto the court within 35 days of getting the court summons.
   
9. If the defendant files an answer, the court will send you a notice with a date to appear in court. If the defendant does not file an answer, you might be entitled to adefault judgmentContact the court if you cannot come to court on your assigned date. Your case might be dismissed if you do not appear for trial.

Serving the papers on the defendant

Your case cannot move forward unless the defendant receives the complaint and summons from the court.

The court will mail the complaint and summons to the defendant(s). The defendant must thenfile an answer.

NOTE: You must give the court the correct address for the defendant or your case can not move forward.

If you are being sued in a special civil case

• You are thedefendantin a lawsuit.
• You must file ananswerwith the court. If you do not file an answer, a moneyjudgmentmight be entered against you.
• You will receive asummonsfrom the court with the date and time to attend your trial.
• You must attend your trialon the date stated on the notice.
• If you do not attend your trial, a money judgment might be entered against you.
• If you cannot attend your trial on the date you were given, you must call the number on the notice orcontact the Special Civil Part office where the case was filedto ask for a new date.

Do I need a lawyer to defend myself in a Special Civil Case?

The court system can be confusing, and it is a good idea to get a lawyer if you can. If you cannot afford a lawyer, you can contact the legal services program in your county to see if you qualify for free legal services.

Legal Services of New Jersey has a list ofregional legal services offices.

The NJ State Bar Association has a list of NJlist of county referral servicesthat might be helpful.

Corporations, limited liability corporations and limited partnerships must be represented by an attorney if the lawsuit is more than $5000.

Do not ignore the summons.Even if you do not have a lawyer, it is better to try to defend yourself in court than to ignore the summons.

Things to think about before representing yourself in court

How to file an answer in the Special Civil Part.

Defendants must file a writtenanswerto the complaint within 35 days of the date shown on the summons.

Each defendant must file a separate answer.

If you have evidence showing that you do not owe the amount claimed, such as receipts, attach copies of those papers to every copy of your answer. Keep copies of all the original documents and bring them to the trial.

You also can choose to file acounterclaim,cross-claim or want to file a third-party complaint

6 Steps for filing an answer to a lawsuit in the Special Civil Part

1. Complete the answer form and write your explanation why you think you do not owe the money that the person suing you is asking for. Do not includepersonal identifierssuch as social security numbers on the documents filed with the court. Complete the forms, make a copy, and thenredactthe personal identifiers on the copies you will submit to the court.
   
2. Attach the filing fee of $30. Pay by credit card (for filings made throughJEDS),use a check or a money order payable to "Treasurer, State of NJ."


3. Check to make sure forms are completed and signed.


4. Make copies of all documents you submit to the court and put them in a safe place.Check that you have redacted the personal identifiers on the copies you prepare for court.


5. Upload the documentsinto the Judiciary Electronic Document Submission (JEDS) system. You can pay the fee with a credit card. You can upload thefee waiver request formif needed. You also can mail the documents to thecounty Superior Courtwhere the person or business is. Certified mail is recommended.

   You must also mail or bring your answer to the plaintiff and to any other parties in the case. If any party is represented by an attorney, send the information to the attorney instead.

6. You will get a notice with a date to attend the trial.. Contact the court if you cannot attend the trial on your assigned date due to circ*mstances beyond your control. If you do not attend the trial,the court might find you in default and a moneyjudgmentmight be entered against you.

You might receive a list of questions, calledinterrogatories, from the plaintiff. You must answer the questions and return them to the plaintiff within 30 days.Read more about preparing for trial.

All checks must be made payable to Treasurer, State of NJ

Do you qualify for a fee waiver?

You might not have to pay to file your cases if your income and assets are low enough. Fill out the Fee Waiver form and give it to the court along with the required documents.

You can apply for a fee waiver in any NJ state court: Supreme Court, Appellate Division, Superior Court and Tax Court.

Request and learn more about fee waivers.

Watch the video on preparing for trial before you come to court.

Both the plaintiff and defendant will be asked to givetestimonyat the trial.

You can present witnesses. The court cannot accept written statements. You must have your witness available to testify on the trial date.

Submit all of the documents you need to prove your side of the case at the trial usingElectronic Evidence SubmissionThe court cannot use text messages or emails on your mobile phone. You must either submit them to the court in advance of the trial date, throughElectronic Evidence Submissionor by mail,or bring them to the trial.

You will be questioning your witnesses and the witnesses brought by the other person. Write down your questions and have them available on the trial date.

Be prepared to present records of any transactions that may help you prove your case. That could be

• Cancelled checks, money orders, sales receipts
• Bills, contracts, estimates, leases
• Letters
• Photographs
• Other documents proving your claim

Interrogatories

The parties in a court case are able to ask each other for information about the evidence they will use at trial. The questions are calledinterrogatories.The interrogatories are sent directly to the other party and not to the court. If there is more than one defendant in a case, separate interrogatories can be sent to each of them.

Deadlines

Plaintiff: You have 30 days after receiving a defendant’s answer to send your interrogatories to that defendant.

If you are suing for personal injury or automobile negligence, you must demand interrogatories in the complaint.

Defendant: You have 30 days after receiving a copy of the complaint to send your interrogatories to the plaintiff.

All parties:  Whether you are a plaintiff or a defendant, all interrogatories must be answered within 30 days of when you received them.

If you do not return your answers to the other parties within 30 days, the court might rule against you by suppressing your answer.

If you miss the deadline, your filing is “stricken,” or removed, from the court record. You must pay a $25 fee within 30 days to have the case reinstated and your filing accepted.

After 30 days, the restoration fee goes up to $75.

After 45 days, the court might make the suppression order final, and then you will lose the case.

Use this kit for interrogatories for contract and debt collection cases over $5,000.
Use these instructions if your case involves an auto accident or personal injury.

Settlements

The court will ask that you try to settle your case so that you can avoid a trial. You might also want to contact the other party, or the other party’s lawyer, to talk about settling the case.

Your day in court

• Theplaintiffand thedefendantmust attend the trial at the timeat the time and date stated on the summons, unless otherwise notified by the court.
• Be prepared to present all witnesses and evidence needed to present your case.
• On the day scheduled for trial, the court will help you try to settle your case through a settlement conference with a trained neutral third person. This person will try to help the plaintiff and the defendant reach an agreement. The neutral third person is not a judge.
• If a settlement cannot be reached, your case likely will be heard by the judge on the same day.

If the plaintiff does not appear, the judge could dismiss the case.

If the defendant does not appear, the judge could enter adefaultjudgment and the defendant might have to pay all or part of the money claimed in the lawsuit.

Eitherpartycanappeala decision in Special Civil court. You should consider whether the amount at stake in your case is worth the cost of filing an appeal.

When tofile

The appeal must be filed in the Appellate Division of Superior Courtwithin 45 days of the court’s decision.

Do I need a lawyer to file an appeal?

You do not have to have a lawyer to appeal your case. But the appeals process can be confusing. You will have to convince the appeals court that the judge made a mistake. It is a good idea to get a lawyer if you can.

Things to think about before representing yourself in court

Steps to file an appeal

1. File a Notice of Appeal.
2. Request a transcript [link forthcoming] of your case from the Appellate Division. You must have the official transcript in order for your appeal to be considered.
3. Complete a Case Information Statement.

Use the Appellate Division Practice Checklist

Filing Fees

1. $250 must be submitted with the Notice of Appeal. This is the cost of the appeal.
2. $500 must be submitted with to the clerk of the Appellate Division within 30 days of filing the Notice of Appeal. This amount is a deposit for the cost of the transcript. The total cost of the transcript is $500 for each day or part of a day that your trial was held.

Do you qualify for afeewaiver?

Did the special civil court waive your fee? If so, you can attach a copy of the order and a signed letter that says your finances have not changed since the case was filed.

Use theCertified Statement in Support of a Motion to Proceed as an Indigent

If you did not receive a fee waiver in your small claims case, you can submit arequest for a fee waiver with your appeal.

Mail or bring your appeals documents to:

Send copies of your appeals document to:

1. All parties in the case who appeared in court
2. The localSpecial Civil Part officethat handled your special civil case
3. Thejudgewho decided your special civil case

Keep a copy of each document for yourself.

Preparing your appeal

You will need to prepare abrief, which is a document that explains why your appeal should be granted.

Questions about your appeal?

Call the Appellate Division Clerk’s Officeat 609-815-2950 .

If you were awarded ajudgmentin Special Civil part, you are ajudgment creditor.

You should contact the person who owes you the money, thejudgment debtor,to talk about payment.

The court cannot guarantee payment

Although the court will try to help you collect the money owed to you, it cannot guarantee the debt will be paid.

Fees and other costs forwritsof execution

The filing fee is $35.

Other Costs:

• Ten percent fee: The special civil part officer will charge the debtor an extra ten percent on top of whatever money is recovered for you.
• Service fee: $7 fee for the Special Civil Part Officer to deliver service of process (e.g., complaints, writs and wage executions) to defendant(s).
• Sales and Advertising: If the special civil part officer sells personal property to get the money you are owed, you might be charged for things like advertising the sale.

Writ of Execution

Read our brochure onHow to Collect a Money Judgment

A writ of execution is a court document that gives a special civil part officer the right to collect money from a judgment debtor’s bank account or personal property.Real estate cannot be used to collect money owed in the Special Civil Part.

Seizing a motor vehicle

You must be able to show that the vehicle is registered in the debtor’s name. You will need either:

1. A certified of the title, or
2. A certifiedliensearch from the New Jersey Motor Vehicle Commission.

The debtor might have an outstanding loan or debt on the car. You must determine if there is value or equity in the debtor’s car before you ask a special civil part officer to take it.

Other items that could be used to satisfy a writ include:

• Office or sports equipment
• Household items
• Jewelry
• Clothing

The debtor can keep $1,000 worth of personal property and clothing. If the debtor does not have more than $1,000 worth of personal property, this method cannot be used by the special civil part officer to satisfy your judgment and to collect the money owed to you.

Bank levy (taking funds from a bank account)

Use packetHow to File a Motion to Turn Over Funds

You can ask a special civil part officer to collect the money from the debtor’s bank account if the account is in New Jersey.

Special civil part officers are not required to search for the debtor’s bank accounts. You must provide the name of the bank, the address andno more than the last 4 digits of the account number, if possible.Do not provide the Special Civil Part Office with the debtor’s entire active financial account number.Provide it to the officer directly if necessary.

After the money has been levied upon by the special civil part officer, it is considered frozen. You must thenfileaMotionto Turn over Funds with the court and serve a copy upon the debtor and the bank. If the court grants the motion, the judge will sign an order that the special civil part officer will deliver to the bank. The officer will take the money from the bank, deposit it into an official business trust account, and then mail a check to the creditor or creditor’s attorney by the 15th day of the following month.

Execution against wages (garnishing a debtor’s salary)

Use packetHow to File a Wage Execution

The judgment creditor can request an execution against a person's wages if the debtor works in New Jersey and earns more than $217.50 per week. To request a wage execution, send aNotice of Application for Wage Executionto the debtor by regular and certified mail. File a copy of the application and a statement of how you mailed the application to the debtor with the Office of the Special Civil Part in the county where the case was heard.

If the debtor objects to the wage execution, a hearing will be immediately scheduled by the court. If the debtor does not object or the court does not allow the objection, the court will order a wage execution to be delivered to the debtor's employer by the special civil part officer. The employer will hold back a portion of the debtor's wages and will send this money directly to the officer. The officer will deduct a 10 percent commission and send the rest to you.

If the money is not collected

Writs for wage executions can last for 20 years, but other writs expire in two year. After two years, the debtor can choose to:

1. Request a new writ of execution from the court by following the same procedures used the first time in order to have the special civil officer keep trying to get the money; OR
2. Request to have the judgment recorded as a lien against any real estate owned by the debtor. Once the judgment is recorded in the Superior Court, the debtor cannot sell with clear title any real estate owned in New Jersey until the debt is paid.

To get a lien, a Statement for Docketing from theSpecial Civil Part Officewhere the case was heard. You can send the Statement for Docketing, plus a $35 filing fee payable toTreasurer, State of New Jersey,to