If you're trying to recover less than $15,000 in damages, small claims court is a good option.If you feel you are owed money, you can file a claim against a business or person.To file a small claim in New Jersey, you need to be at least 18 years old.If you file the correct paperwork with the county office you can appear in court with proof of your claim so the court rules in your favor
Step 1: It's appropriate to confirm your claim in the small claims court.
In New Jersey, small claims court can be used for a number of issues, including a violation of a written or oral contract, property damage caused by a car accident, and the return of money used as a down payment.You can file small claims for faulty workmanship, poor work performed or not performed at all, and issues relating to bad checks or back rent owed.It's not possible to file small claims for professional malpractice by a doctor, dentist, or lawyer.You can't file for alimony or support payments if you have a dispute with your spouse.A different legal process must be used to handle these types of claims.
Step 2: You should hire a lawyer.
The process of filing a claim and appearing in court will go smoothly if you have legal counsel with you.If you have a budget, look for a lawyer who is pro bono or willing to work at a reduced rate.It is advisable to search online for lawyers with good reviews or testimonials from previous clients.Ask friends or family to refer you to a good lawyer.
Step 3: You can contact the Legal Services Program if you can't afford a lawyer.
You can apply for free legal services through the program.If you don't want a lawyer, you can ask legal questions through the Legal Services Program.
Step 4: The Special Civil Part Office has a small claims form.
The form must be filled out at the office in the county where the business is located.You have to file the claim in person.You can find a list of Special Civil Part Offices in New Jersey by county.You have to file the complaint in the county where the claim occurred if the defendants don't own a business in New Jersey.
Step 5: Personal information about you and the person you are suing can be provided.
List your address and phone number.The name and address of the person or business you are suing should be included in your claim.You need to identify the person or business as an individual, sole proprietor, partnership, or corporation.Do not include confidential information about the person or business, such as their Social Security number, driver's license number or credit card number.
Step 6: The amount owed and the reason for filing the claim are important.
List the dollar amount you are owed by the person or business as well as why they owe you money.The person owes you thousands of dollars in back rent.The person owes you money for property damage to your home.
Step 7: The form has to be signed and dated.
The current date is written on the form.This will show that everything you wrote in the form is correct.
Step 8: To file the form, you need to pay a fee.
If there are more than 1 defendants listed in the claim, you will have to pay an additional $5USD for each of them.If you cannot afford the filing fee, you can apply to the court to get the judge to waive it.
Step 9: The court date is in the mail.
An official summons for court will be sent to you once your filing form has been processed.On the date and time stated on the summons, you and the other person must appear in court.You don't want to lose your claim if you have contact with the defendants before the court date.
Step 10: Records and documents will support the claim.
You have to prove your case in court in order for the judge to rule in your favor.If you want to file a claim, you should bring originals and copies of any documents that show why you have a right to do so.You can bring other documents to the court to support your claim.Your lawyer should be able to advise you on the best records to bring to court to prove your case.
Step 11: People who can testify on your behalf.
You will need at least 1-2 witnesses to testify in court and in front of the judge.Written statements are not allowed as evidence in court.The judge may ask the witnesses questions in advance so they know what to expect.If you are filing a small claim for property damage to your home, you can ask your neighbor to testify in court.
Step 12: The settlement hearing can be attended by a third party.
The court will conduct a settlement hearing on the day of the trial.The person is not a judge but they are trained to help you and the other person come to an agreement.The case will be heard by the judge on the same day if the person can't help you.If the third party rules in your favor or if the defendants agree to your terms, you can take an agreement at the settlement hearing.If you feel the settlement doesn't do your claim justice, you can turn it down.
Step 13: If you can, present your case to the judge in court.
You will need to appear in court if you can't come to an agreement with the other party during the settlement hearing.The judge will make a ruling after reviewing your claim and witnesses.If you can afford a lawyer in court, they can represent you and make sure you state your case correctly.
Step 14: If you disagree with the court's decision, you have 45 days to appeal it.
You need to file a Notice of Appeal, a copy of the Request for Transcript, and a Case Information Statement with the Appellate Division.The judge who decided the case, all individuals who appeared in court, and the Office of the Special Civil Part must have copies of these documents.You have to appear in court on a new date and give evidence to support your appeal.It costs $250USD to file an appeal and you must include a $300USD deposit with the Clerk of the Appellate Division within 30 days.The $300USD deposit will be returned if your appeal is successful.