Small Claims Court in Essex County

In Essex County, NJ small claims cases are filed in Superior Court. Essex County has one Superior Courthouse that handles small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Essex Court System.

Small Claims Court

The small claims section of the court system is a place where you can take legal action against an individual or a business to recover a small sum of money you believe they owe you. This process is much simpler than in other court settings, allowing you to file your case and present it quickly and affordably, often without needing a lawyer.

This section is one of three parts of the Superior Court's Special Civil Part, which also includes landlord-tenant disputes and the regular Special Civil Part. It focuses specifically on cases involving amounts of $5,000 or less. If your claim falls between $5,000 and $20,000, you'll need to use the regular Special Civil Part. For claims exceeding $20,000, you’ll have to take your case to the Law Division of the Superior Court.

It's also important to remember that if you file a claim in small claims court for an amount greater than the limit, you're giving up the right to recover the excess in a future lawsuit. This means you won't be able to pursue that extra money later on.

Cases Handled

Here are some common types of claims you can bring to small claims court:

• Breach of a written or verbal contract
• Refund of a down payment
• Property damage from a car accident
• Damage to or loss of personal belongings
• Consumer complaints about defective products or unsatisfactory work
• Payment for services you've rendered
• Issues with bounced checks
• Unpaid rent
• Returning a tenant's security deposit (up to $5,000)

However, there are certain claims that you cannot file in small claims court, including:

• Claims related to professional malpractice against doctors, dentists, or lawyers
• Claims for support or alimony that stem from marital or domestic issues.

Where to file

To file a complaint, visit the Office of the Special Civil Part in the county where at least one of the defendants lives or where their business is located. For businesses, this refers to the county where they operate or have their registered office.

If there are multiple defendants, you can file in any county where one of them resides or operates. However, if none of the defendants are located in New Jersey, you'll need to file in the county where the issue occurred.

If you're specifically seeking the return of a security deposit, you can file your complaint in the county where the landlord resides or where the rental property is located.

Filing a Complaint

To file a small claims complaint in New Jersey, you can find the necessary forms and instructions at any Special Civil Part Office or on njcourts.gov. You have several options for submitting your complaint: electronically via the Judiciary Electronic Document Submission (JEDS), by mail, or in person at the appropriate Special Civil Part Office.

To file a complaint in small claims court, you need to be at least 18 years old. If someone who is under 18 wishes to bring a case, their parent or guardian will need to file the complaint on their behalf.

As the plaintiff, when you file your complaint, you’ll need to:

• Provide your full name, address, and phone number.
• Include the correct name(s) and address(es) of the defendant(s), indicating whether they are individuals, sole proprietorships, partnerships, or corporations.
• State the amount of money you’re claiming.
• Explain why the defendant(s) owe you this money.
• Mention any other ongoing cases involving you and the other parties, including the name of the court if applicable.
• Sign and date the completed form.
• Pay the required filing and service fees; if you submit an insufficient amount, it will be returned to you.

Important: Avoid including sensitive personal information, such as full Social Security numbers, driver’s license numbers, or bank account details, unless legally required. If necessary, you can include only the last four digits of any relevant financial account numbers.

Once you file and serve the summons and complaint, all parties will be notified of the trial date. If the defendant doesn’t show up, the court may enter a “default,” which allows you to seek a “judgment by default.” However, you must provide proof of the amount owed and demonstrate that the individual defendant is not an active member of the U.S. military; this proof is not needed for business defendants. For detailed instructions on applying for a default judgment, you can find a pro se packet at any New Jersey Special Civil Part Office or on njcourts.gov.

If your complaint involves money damages from a motor vehicle accident and the judgment exceeds $500, the defendant is required to pay within 60 days. If they fail to do so, you can request that the New Jersey Motor Vehicle Commission suspend their driving and registration privileges until the judgment is settled.

Interpreter or Accommodation

The Judiciary is committed to ensuring that individuals with disabilities can access and participate in court events. If you need assistance, please reach out to your local ADA coordinator to request accommodations; their contact information can be found on jcourts.gov.

Additionally, the New Jersey Judiciary offers court-interpreting services. If you require an interpreter, it's important to inform the court as early as possible. More details and contact information are also available on njcourts.gov.

Filing Fees

Here are the filing fees for complaints in Special Civil Court:

• $35 for filing against one defendant.
• $5 for each additional defendant.
• $7 for serving each defendant by certified and regular mail.
• If a defendant is served personally by a Special Civil Part Officer, there’s a $3 service fee, plus a $7 fee for the officer’s service. For each additional defendant s erved personally, it’s $5 plus the $7 service fee.
• If you request a jury trial with six jurors, there’s an additional $100 fee.

Make your check or money order payable to the Treasurer, State of New Jersey. If you cannot afford these fees, you can apply for a fee waiver.

Preparing for Trial

For the Plaintiff

As the plaintiff, it's your responsibility to prove your case. Be sure to have any witnesses and documents prepared for trial. Remember that only live testimony from witnesses about what they saw or heard will be accepted in court; written statements, even if sworn, are not allowed. It’s a good idea to prepare your questions in advance.

Gather all relevant records to support your claim, including:

• Canceled checks and money orders
• Sales receipts and bills
• Contracts, estimates, and leases
• Letters and correspondence
• Photographs and other supporting documents

If you settle the case with the defendant before the trial, contact the Special Civil Part Office immediately to have the case marked as settled.

For the Defendant

As the defendant, you should also prepare your case thoroughly. Make sure you have all necessary witnesses and documents ready for trial. If you plan to counter-sue the plaintiff, you need to file that claim before the trial date; the Special Civil Part Office can assist you with this process.

If the plaintiff doesn’t show up for the trial, the judge may dismiss the case. Conversely, if you fail to appear, a default judgment could be entered against you, which means you may be required to pay the amount the plaintiff is claiming.

If you reach an agreement with the plaintiff before the trial date, contact the Special Civil Part Court immediately to confirm that the case should be marked as settled.

The Day of Trial

Trial Day Checklist

• Defendant Attendance:
  • Attend as instructed on the summons unless you receive other notification from the court.
• Plaintiff Notification:
  • Expect a separate notice from the Special Civil Part Office confirming the same date and time for court.
• Presence Requirement:
  • All parties must be present unless the court has notified otherwise.
• Weather-Related Closures:
  • If the court is closed due to bad weather, your trial will be rescheduled.
• Settlement Discussions:
  • Upon arrival, a trained mediator will be available to facilitate settlement discussions. Remember, the mediator is not a judge.
• Case Hearing:
  • If a settlement is not reached, efforts will be made to have your case heard by the judge on the same day.
• Post-Trial for Plaintiffs:
  • If you win your case, consult on how to collect a money judgment. More information is available at any New Jersey Special Civil Part Office or on njcourts.gov.

Appeal

Right to Appeal

• Eligibility to Appeal:
  • Both plaintiffs and defendants have the right to appeal if they disagree with the court’s final decision.
• Timeframe:
  • You must file your appeal to the Appellate Division of the Superior Court within 45 days of the judgment.
• Documents to File:
  • Submit the following to the clerk of the Appellate Division at the Richard J. Hughes Justice Complex, PO Box 006, Trenton, NJ 08625:
    • Notice of Appeal
    • Request for Transcript
    • Case Information Statement
• Document Delivery:
  • Deliver copies of these documents to:
    • All parties involved in the case who appeared in court
    • The Office of the Special Civil Part where the appeal originates
    • The judge who made the initial decision
• Filing Fees:
  • A $250 filing fee is required with your Notice of Appeal.
  • A $300 deposit must be paid to the clerk of the Appellate Division within 30 days of your appeal notice. This deposit can cover settlement or court costs if the appeal is unsuccessful but will be refunded if you win.
• Transcript Requirement:
  • Obtain a transcript of the trial by requesting it from the Office of the Special Civil Part in the county where your case was heard. You’ll need to deposit the estimated cost of the transcript, as determined by the court reporter, or a flat $300 for each day (or part of a day) of the trial. File three copies of the transcript with the clerk of the Appellate Division

Money after Judgment

Contacting the Judgment Debtor

• Initiate Communication:
  • As the judgment creditor, start by reaching out to the person who owes you money to discuss payment arrangements.
• Payment Options:
  • Payments can be made immediately after the court hearing or set up according to a mutually agreed schedule.

Court Assistance in Collection

• Collection Methods:
  • If you don’t receive payment voluntarily, the court offers various methods to help you collect the amount owed. You can find detailed information about these methods in forms available at any New Jersey Special Civil Part Office.
• No Guarantee of Payment:
  • It's important to understand that while the court can assist with collection efforts, it cannot guarantee that the judgment debtor will pay you.

Forms and Instructions

• Accessing Forms:
  • You can find various forms for different collection methods at New Jersey Special Civil Part Offices.
• Self-Representation Resources:
  • For those representing themselves, complaint and answer packets with detailed instructions are available at these offices and online at njcourts.gov.

Writ

Writ of Execution

• Definition:
  • A writ of execution is a court document that authorizes a special civil part officer to collect money from a judgment debtor’s bank account or personal property. Note that real estate cannot be used to satisfy debts in the Special Civil Part.

Seizing a Motor Vehicle

• Requirements:
  • To seize a vehicle, you must prove it’s registered in the debtor's name. You will need one of the following:
    • A certified copy of the vehicle title, or
    • A certified lien search from the New Jersey Motor Vehicle Commission.
• Loan Considerations:
  • Check if the debtor has an outstanding loan on the vehicle, as this may affect the value or equity available for collection.

Other Items for Collection

• Seizable Items:
  • In addition to vehicles, other items that can be seized include:
    • Office or sports equipment
    • Household items
    • Jewelry
    • Clothing
• Exemptions:
  • The debtor can keep up to $1,000 worth of personal property and clothing. If their total personal property is valued at $1,000 or less, the special civil part officer cannot use this method to satisfy your judgment.

Bank Levy (Taking Funds from a Bank Account)

• Initiating a Bank Levy:
  • To start a bank levy, use the packet titled How to File a Motion to Turn Over Funds. You can request a special civil part officer to collect money from the debtor’s bank account if the account is held in New Jersey. You need to provide:
    • The name of the bank
    • The bank's address
    • The last four digits of the account number, if possible
• Account Details:
  • Do not provide the Special Civil Part Office with the debtor’s full financial account number; share it directly with the officer if necessary.
• Levy Process:
  • Once the officer levies the account, the funds are frozen. You must then file a Motion to Turn Over Funds with the court and serve copies to both the debtor and the bank. If the court approves your motion, the judge will sign an order for the officer to deliver to the bank. The officer will withdraw the funds, deposit them into an official business trust account, and send a check to you or your attorney by the 15th day of the following month.

Execution Against Wages (Garnishing a Debtor’s Salary)

• Initiating Wage Execution:
  • Use the packet titled How to File a Wage Execution. As the judgment creditor, you can request to garnish a debtor’s wages if they work in New Jersey and earn more than $217.50 per week.
• Notifying the Debtor:
  • Send a Notice of Application for Wage Execution to the debtor via both regular and certified mail. File a copy of the application and a statement detailing how you mailed it with the Office of the Special Civil Part in the county where the case was heard.
• Contesting Wage Execution:
  • If the debtor contests the wage execution, the court will schedule an immediate hearing. If the debtor does not object, or if the court dismisses the objection, the court will order the wage execution to be delivered to the debtor’s employer by a special civil officer.
• Withholding Wages:
  • The employer will withhold a portion of the debtor’s wages and send that amount directly to the officer. The officer will take a 10% commission from the amount collected and send the remainder to you.

Subpoena

Purpose

• An information subpoena is used to discover where a judgment debtor holds bank accounts, what property they own, or where they are employed, particularly when this information isn't readily available.

Obtaining the Subpoena

• You can obtain an information subpoena from any New Jersey Special Civil Part Office or download it online at njcourts.gov.

Serving the Subpoena

• Serve the debtor with both an original and a copy of the subpoena.
• This can be done in person or by registered/certified mail with a return receipt requested, along with regular mail.
• Include a self-addressed, postage-paid envelope for the debtor’s response.

Response Time

• The debtor must respond within 14 days of being served. Failure to respond may result in court sanctions for contempt.

Frequency

• You can only serve an information subpoena once every six months without needing court approval.

Enforcement

• If the debtor does not fully respond within 21 days, you can apply to the court for an order to subpoena banks, employers, or other entities that may hold the debtor's funds or assets.

Additional Steps

• Subsequent subpoenas should be served in the same manner. Non-compliance from recipients may lead to enforceable court sanctions.

Resources

• For guidance on enforcing litigants' rights, self-represented litigants can refer to How to File a Motion to Enforce Litigants’ Rights, available at any Special Civil Part Office or online at njcourts.gov.

Discovery

Court Order for Discovery Overview

• Purpose:
  • The Court Order for Discovery allows you to petition the court to compel the debtor or others with knowledge of the debtor's assets to provide information about those assets at a specified time and place. This order details the amount owed on a judgment.
• Filing Process
  1. File a Petition:
     • Submit a petition with the court specifying the judgment amount.
  2. Request a Discovery Order:
     • Ask the court to issue a discovery order.
• Service of Order
  • Serve a copy of the discovery order to the debtor or relevant individuals.
  • This can be done personally or via registered/certified mail with a return receipt requested, along with regular mail.
  • Ensure that the debtor receives the order at least 10 days before the scheduled appearance date.
• Appearance Requirement
  • The debtor or named individuals must comply with the order by appearing at the specified time and place to provide information about the debtor’s assets.
• Non-Compliance Consequences
  • If the debtor fails to comply with the court order—either by not appearing or not providing the required information—this may result in contempt sanctions, which are enforceable by the court.

Collect an Out-of-State Judgment

Full Faith and Credit Overview

• U.S. Constitution Article 4
  • Out-of-state judgments are recognized and enforceable in New Jersey. To enforce such a judgment, it must be docketed with the Clerk of the Superior Court in Trenton, creating a lien on any real estate the debtor owns in New Jersey.
• Sheriff’s Office
  • For collection efforts involving personal property or bank accounts, contact the Sheriff’s Office in the county where the debtor holds assets.
• Special Civil Part
  • Filing Requirements:
    • If the judgment amount is $20,000 or less, you must file a complaint along with an exemplified copy of the out-of-state judgment at the Special Civil Part Office in the county where the debtor resides or is located. The office will provide information on applicable fees and further procedures.
• Execution Guidelines
  • Follow the procedures provided by the Special Civil Part Office to execute the judgment and collect the owed amount. This may include methods such as:
    • Wage Garnishment
    • Bank Levies
    • Seizing Personal Property

Settlement and Satisfaction of Judgment

Settlement Before Trial

• Process:
  • If a case is settled before trial, the plaintiff must file a Stipulation of Dismissal with the Special Civil Part. This document officially ends the case without needing to go to trial.
• Filing Steps:
  • Submit the stipulation to the court where the case was originally filed, indicating that both parties have reached a settlement agreement.
• Satisfaction of Judgment
  • Post-Judgment Filing:
    • After a judgment is paid—whether through voluntary payment or enforcement actions like wage garnishment or property seizure—the plaintiff must file a Warrant of Satisfaction with the Special Civil Part Court.
  • Purpose:
    • This document formally acknowledges that the judgment has been satisfied and is no longer outstanding, ensuring accurate court records regarding the case's resolution.

Importance of Procedures

• Conclusion of Legal Matters:
  • These procedures are essential for properly concluding legal matters in New Jersey’s Special Civil Part. They ensure that court records are updated and that all parties involved are informed of the case's resolution, whether through a settlement before trial or the fulfillment of judgments via payment or enforcement actions

Courthouses Location:

Essex County Veterans Courthouse

50 West Market Street
Suite/Room 131
Newark, New Jersey 07102\ (973) 776-9300 ext. 56895
https://www.njcourts.gov/courts/vicinages/essex/offices#toc-civil-division-

BUILDING HOURS

• Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.

Let Squabble Help You With Your Small Claim at Essex County

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