Small Claims Court in Middlesex County

In Middlesex County, NJ small claims cases are filed in Civil Court. Middlesex County has one Civil 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 Middlesex Court System.

Small Claims

Special Civil is a court that handles disputes where you want to collect up to $15,000 from someone who owes you money. If your claim is $15,000 or less, you can use this court to file a complaint, a counterclaim, or an appeal. This guide will walk you through the process for these actions and give you a general idea of how Small Claims works in Middlesex County, New Jersey.

Special Civil is one part of the Superior Court's Special Civil division, alongside Landlord/Tenant and regular Small Claims. It’s designed for cases involving claims of $15,000 or less. If your claim exceeds $15,000, you should file in the Law Division of the Superior Court. Keep in mind that if you choose to pursue your case in Special Civil and you’re seeking more than $15,000, you won’t be able to claim the excess amount in a future lawsuit.

Cases Handled in Small Claims Court

Here’s a list of common types of claims you can file in Special Civil:

• Breach of a written or verbal contract
• Refund of a down payment
• Property damage from a car accident
• Damage to or loss of personal property
• Complaints about defective products or poor workmanship
• Payment for work that was done
• Claims involving bounced checks
• Return of a tenant’s security deposit
• Claims related to professional malpractice, such as from a doctor, dentist, or lawyer

Keep in mind that if you’re seeking more than $15,000, but choose to file in Special Civil, you’ll forfeit the right to claim any amount over $15,000 in the future. The extra amount cannot be pursued in a separate lawsuit.

Claims That Cannot Be Filed in Small Claims Court

Certain claims are not eligible for small claims court, including:

• Professional malpractice cases, such as those involving doctors, dentists, or lawyers
• Claims related to support or alimony from marital or domestic disputes.

Where to File a Complaint

To file a claim, you need to go to the Office of the Special Civil Part in the county where at least one defendant lives or where their business is based. If there are multiple defendants, you can file in the county where any one of them lives or is located. If none of the defendants are in New Jersey, you should file the complaint in the county where the issue that led to the complaint took place.

Who Can File

To file a claim in the Special Civil Part, you need to be at least 18 years old. If you’re under 18, a parent or guardian must file the complaint for you. If the plaintiff or defendant is a corporation and the claim is over $3,000, the corporation must be represented by an attorney. For claims of $3,000 or less, an officer, trustee, director, agent, or employee of the corporation can handle the case without an attorney.

Filing a Complaint

To file a complaint in Special Civil, you’ll need to follow these steps:

1. Obtain the Complaint Form: Get the form from the Clerk of the Special Civil Part in the county where you’re filing. The Clerk’s staff can guide you on how to complete it.
2. Complete the Form:
   • Provide your full name, address, and phone number.
   • Include the correct name(s) and address(es) of the defendant(s). Make sure to specify whether the defendant is an individual, a sole proprietorship, a partnership, or a corporation.
   • State the amount you’re suing for and the reason the defendant owes you money.
   • Indicate if there’s any other case involving both parties and, if so, provide the name of the court.
   • Sign the completed form.
3. Pay Fees: Submit the form along with the required filing and service fees to the Clerk of the Special Civil Part. You can file either in person or by mail.
4. Await Defendant’s Response: Once the complaint is filed, a trial date won’t be set until the defendant responds in writing with the proper fees within 20 days (or 35 days if the defendant is outside New Jersey). If the defendant responds within the given time, a trial date will be scheduled, and all parties will be notified.
5. Judgment by Default: If the defendant doesn’t respond within the time frame, you can request a “judgment by default.” This means the court will decide on the amount you’re owed based on your claim, even if the defendant doesn’t appear. You might need to provide an affidavit and additional documents to support your claim, and a hearing could be held to verify the amount.
6. Payment Enforcement: For claims related to motor vehicle accidents where the judgment requires the defendant to pay $500 or more, the defendant must pay within 60 days. If they don’t, you can request the Clerk of the Special Civil Part to notify the Division of Motor Vehicles to suspend the defendant's driving privileges until payment is made.

Filing Fees for Complaint

Here’s a breakdown of the filing fees for a complaint in Special Civil:

• $27.00: For claims of $1,000 or less
• $45.00: For claims over $1,000
• $2.00: For each additional defendant
• $3.00: For each defendant served by certified and regular mail (If served personally by a court officer, a mileage fee may apply instead. Check with the Special Civil Part staff for details.)
• $50.00: For a jury trial with six jurors

If you’re unable to afford the fees, you can apply to the court to be considered as an indigent. If approved, the judge may waive your filing fees.

Filing to Answer a Complaint

If you’re named as a defendant in a Special Civil case, here’s what you need to do to file an answer to the complaint:

1. File Your Answer: Submit a written answer to the Clerk of the Special Civil Part in the county where the complaint was filed. You must do this within the time frame stated in the summons—20 days if you’re in New Jersey, or 35 days if you’re out of state.
2. Serve the Plaintiff: Send a copy of your answer to the plaintiff or their attorney, either personally or by mail. The Clerk's Office can provide a sample answer if you need one.
3. Add Claims if Needed:
   • Counterclaim: If you believe the plaintiff owes you money, include a counterclaim in your answer.
   • Cross-Claim: If you think another defendant owes money, add a cross-claim against them.
   • Third-Party Complaint: If you believe someone not named in the original complaint owes the money, include a third-party complaint.
4. Provide Required Information:
   • The docket number and caption of the case (as listed on the complaint)
   • Your full name, address, and phone number
   • The correct names and addresses of the plaintiff(s)
   • The reasons you dispute the plaintiff’s claim, and the amount of money you’re claiming if you’re including a counterclaim, cross-claim, or third-party complaint.
5. Sign and Pay Fees: Sign your answer and pay the necessary filing fees when you submit it to the Clerk of the Special Civil Part.

If you don’t respond within the specified time, the court may issue a “judgment by default,” meaning the court will decide on the amount of money to award the plaintiff due to your failure to answer. If you respond on time, the court will notify you by mail about the trial date.

Filing Fees for an Answer

Here are the filing fees for submitting an answer in Special Civil:

• $10.00: For just filing an answer
• $27.00: For an answer that includes a counterclaim, cross-claim, or third-party complaint where the amount is $1,000 or less
• $45.00: For an answer that includes a counterclaim, cross-claim, or third-party complaint where the amount is more than $1,000

Note: There’s an additional fee for serving a third-party complaint.

If you’re unable to pay the fees, you can apply to the court to have them waived based on indigence.

Preparation for Trial

Interrogatories

Both parties are required to exchange information through questions called "interrogatories." You must respond to these questions from the opposing party within 30 days.

For Plaintiffs

As the plaintiff, it’s your job to prove your case. Here’s how to prepare:

• Witnesses and Records: Arrange for any witnesses and gather records needed to support your case. Note that written statements, even if sworn, are not admissible in court; only live testimony from witnesses is allowed. Prepare your questions in advance.
• Documents: Bring all relevant records, such as:
  • Canceled checks, money orders, sales receipts
  • Bills, contracts, estimates, leases
  • Letters
  • Photographs
  • Other documents supporting your claim

If you reach a settlement with the defendant before the trial, notify the Special Civil Part Clerk's Office immediately.

Court Appearance

Make sure to attend court at the time and date specified on your trial notice. Failure to appear could result in a default judgment against you, obligating you to pay the amount claimed by the plaintiff.

If you settle with the plaintiff before your court date, contact the Special Civil Part Clerk's Office right away to confirm that the case is marked as settled.

On the Day of Trial

• Attendance: Both the plaintiff and defendant must be present at the court on the date and time stated on the summons, unless the court has provided alternative instructions. Bring all necessary witnesses and evidence to support your case.
• Mediation: The court may offer mediation with a trained mediator to help you and the opposing party reach a settlement. The mediator will facilitate discussions but will not make a ruling. If a settlement isn’t reached through mediation, the case will be tried by the judge that same day.
• Post-Trial: If you win your case, refer to the Judgment Collection brochure for guidance on how to collect your judgment. This brochure is available at the Special Civil Part Clerk's Office.

Right to Appeal

If you disagree with the court’s decision, you can appeal to the Appellate Division of the Superior Court. Here’s what you need to do:

1. File Your Appeal:
   • Notice of Appeal: Submit this along with a copy of the Request for Transcript and a Case Information Statement to the Clerk of the Appellate Division.
   • Location: Mail these documents to the Clerk of the Appellate Division at the Richard J. Hughes Justice Complex, PO Box 006, Trenton, NJ 08625.
   • Serve Copies: Deliver copies of the appeal documents to:
     • All parties involved in the case who appeared in court
     • The Clerk of the Special Civil Part where the appeal is coming from
     • The judge who decided the case
2. Pay Fees:
   • Filing Fee: $175 with the Notice of Appeal
   • Deposit: $300 with the Clerk of the Appellate Division within 30 days of filing the Notice of Appeal. This deposit covers potential settlement or court costs if the appeal fails. If your appeal is successful, the deposit will be refunded.
3. Obtain a Transcript:
   • Request: Request a transcript (record of the court proceedings) from the Office of the Clerk of the Special Civil Part in the county where the trial occurred.
   • Deposit: Deposit the estimated cost of the transcript or $300 for each day of the trial, as determined by the court reporter or Clerk.
   • Submit Copies: File three copies of the transcript with the Clerk of the Appellate Division.

Defendant

As the defendant, prepare your case similarly to how the plaintiff prepares theirs. This includes:

• Gathering Evidence: Collect all relevant documents and evidence that support your side of the case.
• Witnesses: Arrange for any witnesses who can provide testimony to support your defense.
• Court Appearance: Bring all your evidence and witnesses with you to court on the scheduled trial date.

Courthouse Locations:

Middlesex County Superior Court

56 Paterson St.
New Brunswick, NJ 08903
(732) 645-4300
https://www.njcourts.gov/courts/vicinages/middlesex.html

BUILDING HOURS

• Monday - Friday 8:30AM - 4:30PM, except court holidays.

Let Squabble Help You With Your Small Claim at Middlesex County

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