Step-by-step guide to filing a small claims case in New Jersey. Learn the process, required forms, fees, and how to prepare your case — max claim $5,000.
Filing a small claims case in New Jersey is designed to be accessible to anyone without a lawyer. Whether you're suing a landlord, contractor, or someone who owes you money, the process follows these key steps. The maximum claim amount in New Jersey is $5,000, and cases are heard in the Special Civil Part, Superior Court.
Confirm your claim does not exceed $5,000. Small claims cannot be used for landlord evictions, divorce, criminal matters, or claims above the limit.
Obtain and fill out the DC-127 form (Special Civil Part complaint). Include defendant's full legal name, address, and a clear description of your claim.
Submit your completed form to the Special Civil Part clerk at your county courthouse. Pay the filing fee ($35–$75 depending on claim amount).
The court will serve the defendant by certified mail. You may also use a process server or sheriff if certified mail fails.
Show up on your scheduled court date with all evidence: contracts, receipts, photos, texts, and witness statements. Present your case to the judge clearly and concisely.
If you win, you'll receive a judgment. If the defendant doesn't pay voluntarily, you can enforce it through wage garnishment or bank levy.
You can sue for up to $5,000 in the Special Civil Part's small claims division. If your claim exceeds $5,000, you would need to file in a different division of the court.
No. Small claims court is specifically designed for self-represented parties. However, attorneys are permitted if you choose to hire one.
Most cases are scheduled for hearing within 30–60 days of filing. The hearing itself is usually brief — under an hour.
Yes. You can sue individuals, businesses, or corporations. If suing a business, make sure to include its full legal name as registered with the state.
If the defendant fails to appear, the judge will typically enter a default judgment in your favor, provided you've properly served them.
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