Small Claims and Special Civil Part

Scope

This file explains, in plain language for people who are not lawyers, the New Jersey Special Civil Part of the Superior Court — the part of the court that handles smaller civil cases — including the Small Claims section for the smallest disputes [S1][S2]. It covers the dollar limits, the kinds of cases that belong there, how to start a case (forms, fees, and where to file), what happens at the hearing, and how to enforce a money judgment after you win [S1][S2][S3]. It does not cover landlord-tenant eviction procedures, the regular civil part for cases over $20,000, or the details of the appeal process [S2].

Legal Explanation

What the Special Civil Part is (NJ-specific). Everything in this file concerns New Jersey state court procedure only — it is about the New Jersey Superior Court, and the dollar limits and fees below are New Jersey's, not a national rule [S1][S2]. The Special Civil Part is a part of the Superior Court's civil division: the Judiciary's official page says lawsuits for amounts up to $20,000 "are filed in Superior Court, in the special civil part of the civil division" [S2]. The Judiciary's Civil Practice Division oversees the civil part and special civil part matters [S4]. The Special Civil Part Court itself has three sections: Special Civil, Landlord Tenant, and Small Claims [S2]. Small claims are lawsuits for $5,000 or less [S1]. The dollar tiers therefore run: $5,000 or less — small claims; more than $5,000 and up to $20,000 — special civil; more than $20,000 — the case belongs in the Law Division of the Superior Court [S1][S2]. If a plaintiff with a claim over $20,000 chooses to sue in the Special Civil Part anyway, the plaintiff gives up the right to recover the excess — it cannot be claimed later in a separate lawsuit [S2]. All dollar limits and fees in this file were read directly from njcourts.gov on 2026-08-20 and can change [S1][S2][S3].

What kinds of cases belong there (NJ-specific). Cases in the Special Civil Part are money disputes [S1][S2]. The official examples of small claims and special civil cases: a person or company failed to comply with a written or oral contract; your car was damaged in an accident; you paid money as a down payment and want it returned; your property was damaged or lost; you bought a product that doesn't work or is defective; work you paid for was faulty or not completed; you want to be paid for work you did; someone wrote you a bad check; a landlord did not return your security deposit [S1][S2]. Renters can sue for the return of a security deposit of $5,000 or less in small claims court; to recover more than $5,000, they must file a special civil case [S1]. Cases that cannot be filed as small claims or special civil cases: malpractice claims against doctors, dentists, lawyers, or other professionals; claims for child support or alimony; cases involving wills and inheritance; and claims seeking anything other than money from the defendant [S1][S2].

Who can file (NJ-specific). You must be 18 to file a court case; if you are under 18, your parent or guardian must file for you [S1][S2]. In special civil cases, a corporation, partnership, or other business entity (other than a sole proprietorship) must be represented by an attorney when the claim is more than $5,000; an officer, trustee, director, agent, or employee of a corporation may present or defend a claim of $5,000 or less [S2].

How to start a case (NJ-specific). In small claims, you file the Small Claims Complaint and complete the Small Claims Summons, including the defendant's current address [S1]. In special civil, you complete the Special Civil Part complaint (Form A) and the top part of the Special Civil Part Summons (Form B) [S2]. Filing fees as verified on 2026-08-20: small claims — $35 to sue one defendant, plus $5 for each additional defendant [S1]; special civil — $50 for a complaint where the amount claimed is $5,000 or less, $75 where the amount claimed is more than $5,000, $5 for each additional defendant, and $10 for each defendant served by certified and regular mail [S2]. In special civil, requesting a jury trial costs an additional $100 [S2]. Checks or money orders are made payable to Treasurer, State of New Jersey [S1][S2]. You file by uploading the documents into the Judiciary Electronic Document Submission (JEDS) system (the fee can be paid by credit card) or by mailing the complaint, the summons, and the fee to the county Superior Court where the person or business is; certified mail is recommended [S1][S2]. A special civil complaint must be filed in the Office of the Special Civil Part in the county where at least one defendant lives or where the defendant's business is located; a business defendant is considered located in any county where it is actually doing business or in the county where its registered office is located; if no defendant lives or is located in New Jersey, the complaint is filed in the county where the cause of the complaint occurred [S2]. If you cannot afford the filing fees, you may apply for a fee waiver based on income and assets — fee waivers are available in any New Jersey state court [S1].

After filing: service and the defendant's answer (NJ-specific). The court mails the complaint and summons to the defendant, and your case cannot move forward unless the defendant receives them — so you must give the court the correct address [S1][S2]. A defendant sued in special civil must file a written answer within 35 days of service; the answer filing fee is $30, or $50 or $75 if the answer includes a counterclaim, cross-claim, or third-party complaint, depending on the amount claimed [S2]. If the defendant does not respond, the court may enter a default; the plaintiff can apply for a judgment by default — in special civil, within 6 months of the default, after which a motion is required [S2]. If the defendant answers, the court notifies all parties of the trial date [S2]. In small claims, if the defendant does not appear for trial, the judge could enter a default judgment [S1].

What happens at the hearing (NJ-specific). The plaintiff and defendant must come to court at the time and date stated on the notice, bringing all witnesses and evidence [S1][S2]. Both sides give testimony, and the court cannot accept written statements — witnesses must appear in person [S1][S2]. Evidence such as canceled checks, sales receipts, bills, contracts, leases, letters, and photographs must be submitted through the JEDS system or by mail before the trial, or brought to the trial; the court cannot use text messages or emails on your mobile phone [S1][S2]. On the trial day, the court will try to help the parties settle: in small claims through a settlement conference with a staff member, and in special civil through mediation with a trained mediator or a settlement conference with a neutral third person — that person is not a judge [S1][S2]. If no settlement is reached, the case likely will be heard by the judge, possibly on the same day [S1][S2]. If the plaintiff does not appear, the judge could dismiss the case; if the defendant does not appear, the judge could enter a default judgment [S1][S2]. If you settle the case before the trial date, call the Special Civil Part Office right away so the case can be marked settled [S1][S2]. In special civil cases, the parties may exchange written questions called interrogatories, which must be answered within 30 days of receipt [S2].

Appeals (NJ-specific). Either party may appeal a small claims or special civil decision to the Appellate Division of the Superior Court within 45 days of the court's decision [S1][S2].

How to enforce a judgment (NJ-specific). Winning the case does not automatically put money in your pocket: the person who won (the judgment creditor) should contact the person who owes (the judgment debtor) to arrange payment, and the court cannot guarantee payment [S2][S3]. The main enforcement tool is a writ of execution — a court document that gives an officer the right to collect from the debtor's income or assets [S2][S3]. In Special Civil Part cases, a special civil part officer can collect from the debtor's bank account or personal property, but real estate cannot be used to collect money owed in the Special Civil Part [S2]. Wage execution: a creditor can request an execution against the debtor's wages if the debtor works in New Jersey and earns more than $217.50 per week; the employer holds back a portion of the wages and sends it to the officer, who deducts a 10 percent commission and sends the rest to the creditor [S2][S3]. Bank levy: after the officer takes funds from the debtor's bank account, the funds are frozen, and the creditor must file a motion to turn over the funds [S2]. Personal property: the debtor gets to keep $1,000 worth of personal property and clothing [S2][S3]. Writs for wage executions can last for 20 years, while other writs expire in two years; after two years, the creditor can request a new writ or record the judgment as a lien against real estate the debtor owns [S2][S3]. Certain income cannot be collected at all: welfare benefits, Social Security, SSI, veteran's benefits, and unemployment benefits [S3]. The filing fee to record a judgment as a lien is $35 [S3]. If you do not know what the debtor owns, you can use an information subpoena — written questions about the debtor's assets — which the debtor must answer within 14 days of service [S3].

Getting help (NJ-specific). Small claims are simpler than other case types, and most people are able to file and present their cases without an attorney [S1]. For special civil matters the court recommends getting a lawyer if you can, and the official page points to Legal Services of New Jersey (LSNJ) — which the page says maintains a directory of regional legal services offices — and to county bar referral services for people who cannot afford a lawyer [S2][S5].

ELI-10: Explain It Like I'm 10

[HYPOTHETICAL — NOT A REAL CASE] Imagine your family runs a small repair shop, and you earn your allowance by painting fences. Ms. Park next door owes you $400 for painting her fence and won't pay. Your dad's shop fixed a boat engine for Mr. Trent, and he owes $9,000 and won't pay. And a big supplier owes your family's shop $40,000. Three debts, three sizes — and your town has three different "money court" rooms for exactly this. The hallway-help room handles the small stuff: anything up to about $5,000, like your fence job. The principal's office handles the medium stuff — anything up to about $20,000, like the boat engine. And anything bigger, like the $40,000 supplier debt, goes to the district office, where the grown-up rules are more complicated. In the first two rooms you don't even need a lawyer: you pay a small fee, fill out a form saying who owes you and why, and the court mails a notice to the person who owes you. On the day of the hearing, you and the other person each tell your side out loud — your witnesses have to come in person, because the judge can't read a note saying what your witness would have said — and a neutral grown-up first tries to get you both to agree, and only if you can't agree does the judge decide.

Now here's the part most people don't expect: even after you win, the money is not guaranteed. If Ms. Park says she has nothing, you can't just take her stuff. You have to ask the court for a special permission slip — a writ of execution — that lets the court's collector take part of her weekly earnings (but only if she earns more than $217.50 a week, and the collector keeps a 10 percent cut), or take money from her piggy bank. Ms. Park always gets to keep her first $1,000 worth of belongings, and the collector can never touch her school-lunch charity money. Now let's translate that story back to the real rule: the hallway-help room is the Small Claims section, for lawsuits of $5,000 or less, with a $35 filing fee [S1]. The principal's office is the Special Civil Part, for claims up to $20,000, with fees of $50 or $75 depending on the amount [S2]. The district office is the Law Division of the Superior Court, where claims over $20,000 belong [S2]. Witnesses must testify in person, and the court tries settlement first — that is the real procedure for both small claims and special civil [S1][S2]. And the collection part is real: a writ of execution, wage execution only above $217.50 per week with a 10 percent officer commission, $1,000 of protected personal property, and protected benefits such as welfare, Social Security, and unemployment — all straight from the official court pages [S2][S3].

Real Case Reference (if applicable)

No published judicial decision is cited here, and none is needed: this topic describes the Special Civil Part's practical procedures as the New Jersey Judiciary's own official self-help pages set them out, not any litigated dispute [S1][S2][S3]. No appellate opinion squarely addresses the how-to steps summarized in this file (filing fees, hearing flow, and collection methods as explained to the public), so this file cites the governing official materials instead of a case [S1][S2][S3]. The Rules of Court govern these cases — the court's own pages remind self-represented parties that they "must still comply with the Rules of the Court" — but the rule text itself is not quoted in this file [S1][S2].

Key Takeaways

• The Special Civil Part is a part of the Superior Court's civil division, and it has three sections: Special Civil, Landlord Tenant, and Small Claims [S2][S4].
• Dollar limits, verified on njcourts.gov on 2026-08-20 and subject to change: small claims, $5,000 or less; special civil, more than $5,000 up to $20,000; claims over $20,000 go to the Law Division of the Superior Court [S1][S2].
• Only money claims belong in the Special Civil Part and small claims — malpractice, support or alimony, wills and inheritance, and non-money claims do not [S1][S2].
• Filing fees, verified 2026-08-20: small claims $35 (plus $5 per additional defendant); special civil $50 for claims of $5,000 or less and $75 for larger claims, plus $5 per additional defendant and $10 per defendant for mail service; fee waivers are available based on income and assets [S1][S2].
• At the hearing, both sides testify in person, witnesses must appear (written statements are not accepted), and the court tries to settle the case through a settlement conference or mediation before the judge hears it [S1][S2].
• Winning a judgment does not guarantee payment: judgments are collected through writs of execution — wage execution (only above $217.50 per week, with a 10 percent officer commission), bank levies, and personal property — with $1,000 of the debtor's property protected and certain benefits exempt [S2][S3].

Sources

• [S1] New Jersey Courts, "Lawsuits $5,000 or Less (Small Claims)," https://www.njcourts.gov/self-help/small-claims-court (verified 2026-08-20).
• [S2] New Jersey Courts, "Lawsuits $20,000 or Less (Special Civil)," https://www.njcourts.gov/self-help/special-civil-court (verified 2026-08-20).
• [S3] New Jersey Courts, "Collecting Money in a Civil Case," https://www.njcourts.gov/self-help/collecting-money-civil (verified 2026-08-20).
• [S4] New Jersey Courts, "Civil Practice Division," https://www.njcourts.gov/courts/civil (verified 2026-08-20).
• [S5] Legal Services of New Jersey (LSNJ), https://www.lsnj.org/ (verified 2026-08-20).

Not Legal Advice

Not legal advice. This material is general public legal education about New Jersey law and procedure. It is not legal advice, does not create an attorney-client relationship, and may not reflect the most current law. Consult a licensed New Jersey attorney about your specific situation.