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How to File a Small Claims Lawsuit in Nj

Note: This summary is not intended to be a complete discussion of New Jersey`s small claims law and procedures, but it does contain basic and other information. This summary deals only with civil actions (property and pecuniary claims that can be filed in small claims court). Criminal charges are not discussed. Referral to another court: An action pending in the special civil party may be transferred to another court to be consolidated with an action pending in that other court under Rule 4:38-1. A plaintiff, after bringing a legal action in the special civil party, but before the date of the hearing, requests the dismissal of the action with the Law Division on the ground that it seems likely that the recovery will exceed the monetary limit of the special civil party by filing and serving the special civil party and the affidavit or that of an authorized representative, indicates that the Affida considers that the amount of the claim, if proved by evidence, exceeds the sum or value representing the monetary limit of the special civil party and that it was filed in good faith and not for the purpose of delay; and filing with the legal department and serving a transfer request. The Legal Service orders the transfer if it determines that there is reason to believe that the amended application is based on facts and has a reasonable chance of success at trial. What you should do before filing a lawsuit: Get to the heart of the facts so you can fill out the forms correctly and answer any questions court staff may need to know. Make sure you get the correct legal name of the defendant, the correct address and the place/address of employment. If the defendant is a corporation or limited liability company, you will use the name of the legal company or LLC as the defendant. If the defendant is a corporation or LLC, you may need to contact your state`s Secretary of State and obtain the real name and address to serve a copy of the lawsuit. This person is designated as a registered representative and is appointed by the Company to obtain litigation or subpoenas if the Company is sued.

Also contact Small Claims Court to determine the cost of filing the claim. Counterclaims, counterclaims, and third-party claims: If you have been named as a defendant in a case and you believe that the plaintiff (the person who filed the claim) owes you money, you can file a counterclaim. To file a counterclaim, follow the same procedure (described above) to file a complaint, but be sure to do so before the trial date specified in the subpoena. Who hears claims in small claims court? The prosecution is heard by a judge. The Small Claims Section is a court where you can sue someone (the defendant) to recover a small amount of money that you think is owed to you. Because small claims procedures are simpler than those in other courts, individuals can generally file and present their cases relatively quickly and inexpensively, and often without a lawyer. Small claims are one of the three divisions of the Superior Court`s special civil party. The other two sections are the special civil party for landlord/tenant and the regular special civil party. Small claims deal with cases where the claim does not exceed $3,000.00. 1.

Breach of a written oral contract 2. Return of money used as a deposit 3. Property damage caused by a road accident 4. Damage or loss or property 5. Consumer complaints due to defective goods or defective workmanship 6. Payment for work performed 7. Claims due to bad reviews 8. Claims for subsequent rent 9.

Return of a tenant`s deposit 10. The above list is not exhaustive, but it contains the most common claims. However, Small Claims Court cannot resolve disputes related to professional misconduct, family disputes or estate matters. You must also receive a transcript (a copy of the record of what happened in court) of the trial. The request for a copy must be addressed to the office of the secretary of the special civil party of the district where the case was heard. You must file with the author the estimated cost of the transcript (as determined by the court reporter, clerk or body preparing it) or $300 for each day or part of a day of the trial. You must submit three copies of the transcript to the Office of the Clerk of the Appeals Division. Questions regarding a complaint should be directed to the Office of the Clerk of the Appeals Division at (609) 292-4822 or to counsel. Who can file a complaint with Small Claims Court? An individual, partnership or corporation (or LLC) may sue one or more other persons, persons or entities (or LLCs) in small claims court if the jurisdiction to hear the claim and the amount of the claim or property in question does not exceed $3,000.00. Claims for which small claims court has jurisdiction: The New Jersey Small Claims Court may rule on any of the following claims if the amount in dispute does not exceed $3,000.00: Appeal: If you, as plaintiff or defendant, disagree with the court`s decision, you may appeal to the Superior Court Appeals Division within 45 days of the date of judgment. You must file a notice of appeal, a copy of the request for transcript and a statement of information about the case with the Clerk of the Appeal Division (at Hughes Judicial Complex, Trenton) within 45 days and submit copies to: How are hearings scheduled? The court registry will provide you with the procedure to follow to decide the case at the time of filing your application for the hearing or hearing.

How to file the claim: The claimant must complete a small claims complaint form. .