Guide to Filing a Lawsuit in New Jersey's Special Civil Part, Esquemas y mapas conceptuales de Gestión Comercial

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New Jersey Judiciary

Special Civil

A Guide to the Court

Superior Court of New Jersey

Law Division

Special Civil Part

Special Civil is a court of limited jurisdiction in which you may sue a person or business (the defendant) to collect an amount of money up to $15,000 that you believe is owed to you. If your claim is $3,000 or less, [$5,000 in the case of a tenant’s security deposit], you may sue in the Small Claims Section; please refer to the Small Claims brochure. This brochure explains how to file a complaint, how to answer a complaint, how to file an appeal and gives general information about Special Civil Part. It is not intended to provide or take the place of legal advice or to answer every question you have about this court.

For legal advice about your rights, you should contact a lawyer. If you do not have a lawyer, you may contact the Lawyers' Referral Service of your County Bar Association. If you cannot afford a lawyer, you may contact the Legal Services Program in your county to see if you are eligible for free legal services.

Special Civil

Special Civil is one of three sections of the Superior Court's Special Civil Part. The other two sections are Landlord/Tenant and Small Claims. (Separate brochures are available for these sections.) Special Civil is limited to cases in which the demand is $15,000 or less. If you believe you are entitled to recover more than $15,000, your case should be filed in the Civil Part of the Law Division of the Superior Court.

If you believe you are entitled to damages greater than $15,000, but still wish to sue in Special Civil, you give up your right to recover damages over $15,000. The additional money cannot be claimed later in a separate lawsuit.

Typical Claims Filed

Following is a general list of claims that may be filed in Special Civil:

● A person or business did not comply with a written or oral contract. ● Return of money used as a down payment. ● Property damage caused by a motor vehicle accident. ● Damage to or loss of property. ● Consumer complaints for defective merchandise or faulty workmanship. ● Payment for work performed. ● Claims based on bad checks. ● Return of a tenant's security deposit. ● Illegal or wrongful eviction, writ of possession, etc. (Special actions require special forms available at any Clerk’s Office)

Where to File a Complaint

A complaint must be filed in the Office of the Special Civil Part in the county where at least one defendant lives or where the defendant’s business is located. A business defendant is considered located in a county wherever it is actually doing business or in the county where its registered office is located. If there is more than one defendant, the complaint can be filed in the county where any of the defendants live or are located. If none of the defendants live or are located in New Jersey, the complaint must be filed in the county where the cause of the action arose or where it started. If you are suing for the return of a security deposit, you can also file in the county where the rental property was located.

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. If the defendant does not pay within the 60 days, the plaintiff may request through the Office of the Special Civil Part that the New Jersey Motor Vehicle Commission stop the defendant's driving and registration privileges until the judgment is paid.

Filing Fees for a Complaint

The costs for filing a complaint in Special Civil are:

● $50 for a complaint where the amount claimed is $3,000 or less. ● $75 for a complaint where the amount claimed is more than $3,000. ● $5 for each additional defendant. ● Currently the fee is $7 for each defendant served by certified and regular mail. This is subject to change, however. [A $3 fee, plus the court officer’s applicable mileage, is charged for one defendant if the complaint is served personally by a court officer. Each additional defendant that you may want a court officer to personally serve is another $5 fee plus applicable court officer mileage.] Staff of the Special Civil Part Court can inform you of the mileage fee. Make a check or money order payable to the Treasurer, State of New Jersey. ● An additional $100 fee is required for requests for a jury trial by six jurors.

If you cannot afford to pay the filing fees, you may apply to the court to qualify as an indigent and your filing fees may be waived by the judge.

Filing an Answer to a Complaint

If you have been named as a defendant in a case, you must file a written answer to the complaint with the Office of the Special Civil Part in the county in which the complaint was filed within the number of days stated in the summons (35 days if you reside or are located in New Jersey; 35 days if you reside or are located out of state). You also must hand deliver a copy of the answer or send by regular and certified mail to the plaintiff or send by regular mail to the plaintiff’s attorney. [A pro se answer packet with accompanying instructions is available in any New Jersey Special Civil Part Office and is available on the Internet at njcourts.gov.]

If you believe that the plaintiff owes you money, you must add a counterclaim to the answer. If you believe that someone else named as a defendant in the complaint owes the money, you must add a cross claim against that defendant to the answer. You must serve the co-defendant(s) with your cross claim. Finally, if you believe that a party not named in the complaint owes the money, you must add a third party complaint to the answer. The Court will serve the new party you are adding to the case and you MUST pay for this service, as outlined above.

When filing an answer, be sure to give the following information:

● The docket number and caption of the case which appears on the complaint. ● Your full name, address and telephone number. ● The correct name(s) and address(es) of the plaintiff(s). ● The reason(s) you are disputing the plaintiff's claim. Include the amount of money for which you are suing if you are including a counterclaim, cross claim or third party complaint with your answer. ● Provide a completed summons form if you are filing a 3rd party complaint.

● Do not provide the court with any party’s social security number, driver’s license number, vehicle plate number, insurance policy number, active financial account number or active credit card number. Submit this information only if it’s required by law, court order, rule or administrative directive. Don’t redact this information from your originals. Submit the last 4 digits of the active financial account information only if it is the subject of the litigation and cannot otherwise be identified.

You also must sign and date the answer and pay the correct filing fees when filing the answer with the Office of the Special Civil Part. If you pay less than what is required, it will be returned to you.

If you do not respond to the complaint in writing within the number of days listed on the summons, a default will be entered against you. Through a judgment by default, the court decides the amount of money, if any, to be awarded to the plaintiff because you did not answer the complaint in time. If you have answered the complaint on time, the court will notify you by mail of the trial date.

Filing Fees for an Answer

● $30 for an answer. ● $50 for an answer with a counterclaim, cross claim or third party complaint where the amount is $3,000 or less. ● $75 for an answer with a counterclaim, cross claim or third party complaint where the amount is more than $3,000. ( Note : The Clerk will also charge an additional fee for serving the new person or business that you added in the third party complaint.)

If you cannot afford to pay the court’s filing fees, you may apply to the court to qualify as an indigent and your filing fees may be waived by the judge.

Preparation for Trial

Interrogatories The Rules of Court provide for an exchange of information by the parties. Whether you are the plaintiff or the defendant, questions from the opposing party, called “interrogatories,” must be answered within 30 days after receipt of the interrogatories. A plaintiff can send any party interrogatories only within 30 days from the date they receive an answer, and demand it in their complaint/initial pleading if they’re suing for personal injury or automobile negligence.

Plaintiff If you are the plaintiff, you must prove your case. Arrange to have any witnesses and records you need to prove your case at the trial. A written statement, even if made under oath, cannot be used in court. Only actual testimony in court of what the witness(es) heard or saw will be allowed. Prepare your questions in advance.

Bring to court records of any transactions that may help you prove your case. Such records may include:

● Canceled checks, money orders, sales receipts. ● Bills, contracts, estimates, leases. ● Letters. ● Photographs. ● Other documents proving your claim.

If you are able to settle the case with the defendant before the trial date, call the Special Civil Part Office immediately.

This brochure is published by the New Jersey Judiciary Civil Practice Division

Stuart Rabner Chief Justice

Glenn A. Grant, J.A.D. Acting Administrative Director of the Courts

Jennifer M. Perez Director, Office of Trial Court Services

Taironda E. Phoenix Assistant Director, Civil Practice

Lloyd Garner Chief, Special Civil Part Services