Small Claims Court in Ocean County

In Ocean County, NJ small claims cases are filed in superior court. Ocean 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 Ocean Court System.

Small Claims

In Ocean County, NJ, small claims cases are heard by the Special Civil Part of the Superior Court. If you're dealing with a dispute for $5,000 or less, this is where you would go. For claims between $5,000 and $20,000, you’ll need to file in the regular Special Civil Part instead. If the amount you're seeking is over $20,000, then your case has to be filed in the Law Division of the Superior Court.

Cases Handled in Small Claims Court

Small Claims Court handles a variety of disputes, including:

• Breach of written or verbal contracts
• Recovery of a down payment
• Property damage resulting from a car accident
• Loss or damage to personal property
• Complaints about defective products or poor-quality services
• Payment issues for services provided
• Claims involving bounced checks
• Unpaid rent disputes
• Recovery of a tenant's security deposit, up to $5,000

Claims That Cannot Be Filed in Small Claims Court

Certain types of 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 Small Claims Complaint

To file a complaint in small claims court:

• Submit your case at the Office of the Special Civil Part in the county where at least one defendant lives or where their business operates. For businesses, this includes the county where they conduct business or have their registered office.
• If there are multiple defendants, you can file in the county where any one of them resides or is located.
• If none of the defendants live or are located in New Jersey, you should file in the county where the issue first arose or where the incident happened.

Special Note: If your complaint involves the return of a security deposit, you can file it in the county where the landlord resides or where the rental property is located.

Who Can File a Lawsuit in Small Claims Court

• To file a lawsuit in small claims court, you must be at least 18 years old.
• If the person filing the claim is under 18, their parent or guardian must file the lawsuit on their behalf.

Filing a Complaint

To start your small claims case in Ocean County, NJ, you can get the summons and complaint form from the Special Civil Part office or online at njcourts.gov. Here are the filing options available:

1. Electronically: Submit the summons and complaint through the Judiciary Electronic Document Submission (JEDS) system.
2. By Mail: Mail the completed documents to the appropriate Special Civil Part office.
3. In Person: File the paperwork in person at the Special Civil Part office.

Requirements for Filing a Complaint

When you file a complaint as the plaintiff, make sure you include the following information:

• Your Full Contact Information: Provide your full name, address, and phone number.
• Defendants’ Information: List the names and addresses of all defendants. Clearly specify whether each defendant is an individual, a sole proprietorship, a partnership, or a corporation.
• Amount Sought: State the exact amount of money you are seeking in the case.
• Reason for the Lawsuit: Explain the reason for your claim and why the defendant owes you money.
• Existing Cases: If there are any ongoing cases involving both you and the defendant(s), mention the court’s name and details of the case.
• Signature and Date: Be sure to sign and date the form.
• Filing and Service Fees: Pay the necessary fees when you submit your summons and complaint. Make sure the payment is accurate to avoid having your documents returned.

Important Reminder Do not include sensitive personal information such as full Social Security numbers, driver’s license numbers, license plate numbers, insurance policy numbers, active bank account or credit card numbers, or details about a person’s military status.

After Filing Your Complaint

Once you file a summons and complaint in the Ocean County Special Civil Part:

• Notification of Trial Date: Both the plaintiff and defendant will receive a notice with the trial date.
• Default Judgment: If the defendant does not show up for the trial, the court may issue a "default" judgment, which determines how much the defendant owes. The plaintiff will need to provide proof of the debt and confirm that the defendant is not on active military duty (this only applies to individual defendants; business defendants are exempt from this requirement).
• Obtaining Default Judgment: Instructions on how to request a default judgment are available from the Special Civil Part office or online at njcourts.gov.
• Motor Vehicle Accident Claims Over $500: If the judgment is related to a motor vehicle accident and exceeds $500, the defendant has 60 days to pay the debt. If the defendant fails to pay within that time, the plaintiff can ask the New Jersey Motor Vehicle Commission to suspend the defendant's driving and registration privileges until the debt is paid.

Interpreter and Accessibility Services

The Ocean County Judiciary is dedicated to providing access and accommodations for individuals with disabilities, ensuring their full participation in court events. If you need reasonable accommodations, you can reach out to the local ADA coordinator through njcourts.gov.

If you require court interpreting services, it's important to notify the court as soon as possible. Information on how to arrange these services is also available on njcourts.gov.

Filing Fees in Special Civil Court

When filing a complaint in the Special Civil Part of Ocean County, NJ, the following fees apply:

• Filing Fee: $35 for one defendant, with an additional $5 charge for each extra defendant.
• Service Fees:
  • $7 per defendant for service via certified and regular mail.
  • For personal service by a Special Civil Part Officer:
    • $3 reservice fee plus a $7 service fee for one defendant.
    • $5 reservice fee plus a $7 service fee for each additional defendant.
• Jury Trial Request Fee: $100 for a six-person jury.

If you cannot afford these fees, you may apply to the court to be considered indigent. If the judge approves, you may qualify for a waiver of the filing fees.

Preparing for Trial

As the plaintiff, it's crucial to be well-prepared to effectively present your case. Here are some key steps:

1. Gather Witnesses and Records: Make sure you have all relevant witnesses ready to testify. Written statements, even if sworn, typically won't be allowed in court, so live testimony is important. Ensure that your witnesses are prepared to speak about what they personally saw or heard.
2. Prepare Questions: Plan your questions for witnesses in advance. Having a clear set of questions will help you present your case confidently and ensure you cover all important points during the trial.
3. Organize Your Documentation: Bring any documents that support your claims, such as canceled checks, receipts, bills, contracts, letters, and photographs. Organize these documents in a logical way to make it easy to reference them during the trial.
4. Consider Settling: If you and thdefendant reach a settlement agreement before the trial, notify the Special Civil Part Office right away. This will prevent unnecessary court proceedings and mark the case as settled.

Preparing as a Defendant

If you’re the defendant in a case, being well-prepared can greatly influence the outcome. Here are some important steps to take:

1. Gather Witnesses and Documents: Collect all relevant witnesses and documents that support your defense. These materials are crucial for presenting your side effectively in court.
2. File Counterclaims: If you have a counterclaim against the plaintiff, file it with the Special Civil Part Office before the trial date. The office staff can guide you through the filing process.
3. Attend the Trial: It’s essential to be present at the trial. If the plaintiff doesn’t show up, the case might be dismissed. However, if you miss the trial, a default judgment could be entered against you, which may require you to pay the amount the plaintiff is claiming.
4. Consider Settlement: If you and the plaintiff reach a settlement before the trial, notify the Special Civil Part Court immediately to have the case marked as settled.

Trial Day Procedures

On the day of your trial in Ocean County’s Special Civil Part:

1. Attendance: Both the plaintiff and defendant must attend the trial as per the instructions on their summons and notices from the Special Civil Part Office. If the court is closed due to inclement weather, the trial will be rescheduled.
2. Settlement Discussions: The court will facilitate settlement discussions between the parties on the trial day. A trained settler will assist in these discussions to help reach a mutually acceptable agreement without proceeding to a formal trial. Note that the settler is not a judge and does not make decisions on the case.
3. Proceeding to Trial: If a settlement is not reached, the case will proceed to be heard by a judge on the same day, whenever possible.
4. Judgment Collection: If you win your case as the plaintiff, refer to the "Collecting a Money Judgment" brochure. This resource, available at any New Jersey Special Civil Part Office and online at njcourts.gov, provides guidance on how to enforce the judgment in your favor.

Appeal

If you want to appeal a court decision in Ocean County, follow these steps:

• Timeframe: You must file a Notice of Appeal, Request for Transcript, and Case Information Statement within 45 days from the judgment date. Submit these documents to the Appellate Division clerk in Trenton, and provide copies to all involved parties, the Special Civil Part office, and the presiding judge.
• Filing Fees:
  • Pay a $250 filing fee along with your Notice of Appeal.
  • Deposit $300 with the Appellate Division clerk within 30 days of filing. This deposit helps cover costs if the appeal is unsuccessful but will be refunded if the appeal is successful.
• Trial Transcript:
  • Obtain a transcript of the trial proceedings from the Special Civil Part office.
  • Deposit the estimated cost of the transcript or $300 per trial day with the Appellate Division clerk.
  • File three copies of the transcript with the court.
• Contact Information: For questions about the appeal process, reach out to the Appellate Division clerk at 609-815-2950 or consult an attorney experienced in appellate procedures for guidance.

Collecting Money After a Judgment

If you’ve won a judgment in Ocean County’s Special Civil Part and are owed money by the judgment debtor, consider the following steps:

• Contact the Judgment Debtor: Reach out to the debtor to discuss payment arrangements. Payments can be made immediately after the court hearing or according to a schedule you both agree on.
• Court Assistance in Collection: If the debtor does not pay voluntarily, the court offers several methods to help you collect the money. Information about these collection methods can be found in forms available at any New Jersey Special Civil Part Office.
• No Guarantee of Payment: While the court can assist in collection efforts, it cannot guarantee that you will receive the money owed.
• Forms and Instructions: Different forms for collection methods are available at New Jersey Special Civil Part Offices. Self-represented litigants can also find complaints and answer packets with detailed instructions at these offices and online at njcourts.gov.

Writ of Execution

A writ in Ocean County, NJ’s Special Civil Part allows you to collect money owed from a judgment debtor’s assets, excluding real estate. Here are the key details and procedures:

• Purpose: The writ authorizes a Special Civil Part Officer to seize assets from the debtor’s bank account or personal property to satisfy the judgment.
• Identification of Property: You need to specify the debtor's personal property that can be seized. The debtor is allowed to keep up to $1,000 worth of personal property and clothing.
• Limitation: This method cannot be used if the debtor’s personal property is valued at $1,000 or less.
• Seizing a Vehicle: To seize a vehicle, verify that it is registered in the debtor's name. You’ll need a certified copy of the vehicle title and must conduct a lien search with the New Jersey Motor Vehicle Commission to check for outstanding loans.
• Costs:
  • The fee for obtaining a writ is $35.
  • There is also a $7 service fee for the Special Civil Part Officer.
  • Additional charges may apply for advertising and selling any seized property.
• Validity: A writ is valid for two years from the issuance date. There is no limit on the number of writs a creditor can obtain.
• Assignment: The court determines which Special Civil Part Officer will execute the writ. Creditors cannot choose the officer themselves.

Garnishing a Debtor’s Salary

To garnish a debtor’s wages for debt collection through Ocean County's Special Civil Part, follow these steps:

• Eligibility: You can request a wage execution if the debtor works in New Jersey and earns more than $217.50 per week.
• Application Process:
  • Send a Notice of Application for Wage Execution to the debtor via regular and certified mail.
  • File a copy of this notice with the Special Civil Part Office where the case was heard.
• Debtor's Response: If the debtor objects to the wage execution, the court will schedule a hearing to address the objection.
• Execution Issuance: If there is no objection or the court denies the objection, an Order for Wage Execution will be issued. The Special Civil Part Officer will deliver this order to the debtor’s employer.
• Employer’s Role: The employer must withhold a portion of the debtor’s wages as specified in the order and send the withheld amount to the Special Civil Part Officer. The officer will deduct a 10% commission and forward the remaining amount to you, the creditor.
• Fees:
  • $35 for the wage execution.
  • $7 for service to the employer by the Special Civil Part Officer.
• Resources: Self-represented litigants can access a packet on How to File a Wage Application at any New Jersey Special Civil Part Office or online at njcourts.gov.

Subpoena

An information subpoena helps you discover details about a judgment debtor’s bank accounts, property, or employment when this information is unknown. Here’s how to use it effectively:

• Purpose: The subpoena is used to locate the debtor’s assets or employment information.
• Obtaining the Subpoena: You can get an information subpoena from any New Jersey Special Civil Part Office or online at njcourts.gov.
• Serving the Subpoena:
  • Serve the debtor with both an original and a copy of the subpoena.
  • This can be done personally, by registered or certified mail with a return receipt requested, and also by 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 lead to court sanctions for contempt.
• Frequency: You can only serve an information subpoena once every six months without court approval.
• Enforcement: If the debtor doesn’t respond fully within 21 days, you can apply to the court for an order to subpoena banks, employers, or other entities holding the debtor’s funds or assets.
• Additional Steps: Serve any additional subpoenas in the same manner. Non-compliance by recipients may lead to court-enforced sanctions.
• Resources: Self-represented litigants can find guidance on filing a motion to enforce litigants' rights at any Special Civil Part Office or online at njcourts.gov.

Discovery

A Court Order for Discovery allows you to obtain information about a debtor's assets by compelling the debtor or other knowledgeable individuals to answer questions about those assets. Here’s a summary of the process:

• Purpose: The order helps you gather details on the amount owed and information about the debtor’s assets by requiring the debtor or others with relevant knowledge to answer questions at a specified time and place.
• Filing Process:
  • File a petition with the court detailing the judgment amount and requesting the issuance of a discovery order.
• Service of Order:
  • Serve a copy of the discovery order to the debtor or relevant individuals.
  • Service can be done personally, by registered or certified mail with return receipt requested, and also by regular mail.
  • Ensure the debtor receives the order at least 10 days before the scheduled appearance date.
• Appearance Requirement:
  • The debtor or named individuals must appear at the designated time and place to provide information about the debtor’s assets as required by the order.
• Non-Compliance Consequences:
  • Failure to comply, such as not appearing or not providing the required information, may result in contempt sanctions enforceable by the court.

Enforcing an Out-of-State Judgment

To enforce an out-of-state judgment in Ocean County, follow these essential steps:

• Full Faith and Credit: The U.S. Constitution's Article 4 requires that out-of-state judgments be recognized and enforced in New Jersey. To enforce the judgment, you must docket it with the Clerk of the Superior Court in Trenton. This action will create a lien on any real estate the debtor owns in New Jersey.
• Sheriff’s Office: For collection efforts beyond real estate, such as seizing personal property or bank accounts, contact the Sheriff’s Office in the county where the debtor has assets.
• Special Civil Part: For judgments totaling $20,000 or less:
  • 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: Adhere to the guidelines from the Special Civil Part Office to execute the judgment and collect the owed amount. This may involve methods such as wage garnishment, bank levies, or seizing personal property.

Settlement and Satisfaction of Judgment

Settlement Before Trial:

• Stipulation of Dismissal: If the case is settled before trial, the plaintiff must file a stipulation of dismissal with the Special Civil Part. This document formally ends the case without going to trial.
• Filing Process: Submit the stipulation of dismissal to the court where the case was originally filed. This document should state that the parties have reached a settlement agreement.

Satisfaction of Judgment:

• Filing a Warrant of Satisfaction: 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: The warrant of satisfaction confirms that the judgment has been fully satisfied and is no longer outstanding. It updates the court record to reflect that the case has been resolved.

Courthouse Locations:

Ocean County Courthouse

118 Washington St.
Toms River, NJ 08753
(732) 504-0700
https://www.njcourts.gov/courts/vicinages/ocean.html

BUILDING HOURS

• Monday - Friday 8:30AM - 4:00PM, except court holidays.

Let Squabble Help You With Your Small Claim at Ocean County

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