How to file small claims in new jersey

For as little as $49, you can consult with a North Carolina attorney about your small claims case. From anywhere in North Carolina, call 910-509-7241 to set up a phone consultation about your case. A service of Kerner Law Firm, PLLC

  • Home
  • Archives
  • Profile
  • Subscribe

09/01/2009

North Carolina Small Claims Court – Maximum Claim

Currently, the maximum dollar amount for a claim in North Carolina Small Claims Court is $5,000. This amount is computed “without regard to interest and costs.” See N.C. Gen. Stat. ss 7A-210 and 7A-243. So in theory, you can ask for more than $5,000.00, as long as the $5,000.00 is comprised solely of the principal (as in the case of a loan or other debt) or the compensatory and consequential damages.

In other words, you should be able to claim for $5,000.00 of principal, plus any interest (for example, your contract might provide for 8% annual interest on a delinquent account) plus court costs and fees (usually totaling around $85 for a single defendant).

However, in one case in which I was involved (in one of the first cases I handled in Small Claims Court and, admittedly, before I knew this rule existed) I successfully moved, under N.C. Rule of Civil Procedure 12(b) to have a plaintiff’s case thrown out because he asked for more than $5,000.00 in his Complaint. He had, correctly as it turned out, asked for $5,000.00, plus interest, plus costs. His “total relief sought” on the complaint was around $5,100.00. Not knowing this rule, I invoked “subject matter jurisdiction” and argued that the court lacked jurisdiction to enter a judgment greater than $5,000.00 pursuant to N.C. Gen. Stat. 7A-210(1). The magistrate allowed the motion, dismissed the plaintiff’s case, and the plaintiff hit the roof. The moral of the story: don’t take chances. Unless you walk into small claims court with the law in hand, ready to show the magistrate that you are correct, do not mess around with the $5,000.00 limit.

Comments

You can follow this conversation by subscribing to the comment feed for this post.

Recover money owed, file your Small Claims Court in
New Jersey and get fast resolution.
We research your small claims and prepare the right
forms for the right court of New Jersey.

Only $149.95

Let us prepare your small claims forms for New Jersey

We research your small claims and prepare the right forms
for the right court of New Jersey

Only $79.95

Fill out a simple and secure New Jersey small claims court form.

Fast Legal Filing’s paralegal will review, research and prepare your case for New Jersey Court.

Once your Small Claims paper is drafted, we will send you the doucments with instrcutions.

File Your Small Claims Online in New Jersey Small Claims Courts. Process Your Small Claims Using The Quickest Online Procedure.

Private disputes that do not involve large amounts of money can be taken to the small claims court. Small claims are for simple cases that don’t involve large amounts of money or complicated issues. Every court has its own way of submitting small claims that can be complicated. Small claims court is often used to collect a bad debt. It’s relatively simple to present evidence demonstrating that the debt was owed but not paid. Once a creditor receives the judgment, the creditor can use collection techniques to collect the debt.
Sometimes you need a demand letter prior to filing small claims any some courts.

How to file small claims in new jersey

How To A File Small Claim in New Jersey Court.

If you want to file a small claim in court, you will have to follow a couple of steps. Filing a small claim in court can be time-consuming. Every county court has its own way of filing a small claim. A person can file a complaint in New Jersey small claim courts if the dispute is lesser than $10,000 against a person.

Prepare the story of the event:

The first step in the small claims process is to define the story of the event. You must have to have a valid reason for suing. In a small claims case, the story of the event is usually described as a reason for suing. The court will ask you the reason for suing, and you must have to describe it well.

Chose the right small claims New Jersey court:

Almost every county has its own small claims court. If you are a residence of New Jersey, then you must have to choose the right small claims court to file your case. If you will try to submit your case to another court, they will not accept your case and will return your small claims papers.

Send a demand letter:

Some small claims courts ask you to request money from the defendant and try to resolve the case out of the court. In that case, you must have to send a demand letter prior to file your small claims and wait for the defendant’s reply.

Prepare New Jersey small claims form:

As stated before, every county court has its own small claims forms. You can download the small claims forms from the website of the county court. If you would like to file your small claims online in New Jersey court without any delay, you may file your case now. The paralegal of Fast Legal Filing will research and prepare your small claims case for New Jersey court and will send you all the instructions.

Submit Small Claims Forms in New Jersey Court:

Once you get your all papers and small claims form prepared. The next step is to submit those papers to the New Jersey courthouse.
There are two ways to submit the papers in the small claims court of New Jersey.

1) Submit the papers by hand.

If you are living in the same county where you are submitting the small claims forms then you should take the documents and submit them by hand. It is the fastest way to get the trial date. The court clerk will stamp your document and give you the trail date.

2) Submit the documents by certified mail:

If you are submitting the case in a court that is not nearby you, then you have to send the document as a certified mail with the court fee. As the New Jersey court receives the small claims documents, the court clerk will stamp the document and assign the trial date, and mail it back to you.

Serve the defendant:

Once you get the trial date, the next step is to serve the documents to the defendant. There are two ways to serve the defendant.

1) Serve using Certified Mail.

The first way is you ask New Jersey court to serve using the court fee you have submitted. The court will use the fee and send the documents to the defendant via Certified Mail.

2) Private Process Server.

You can choose a private processing server. Choosing a third part private processing server costs you between $95-$225 extra. But there are 90% chances that your documents are served by the Sherrif.

Attend the trial date:

On the trial date, you must have to read all the instructions given by New Jersey court house. You have to arrive in the New Jersey court 1 hour before your hearing. Collect all the documents like proof of the contract, signed agreement, receipts, etc. and take them to court.

Frequently Asked Questions

What type of small claims cases I can take to New Jersey court.

  • You can file small claims for things like:
  • A faulty product you received.
  • Someone provided you poor services
  • Being owed a refund
  • Any disputes with your landlord – for example, if they haven’t done minor repairs
  • Being owed money for work you’ve done.
  • Accidents when you’ve been injured – for example, a car accident or your call is totaled.

How Fast Legal Filing help us in filing a small claims in New Jersey court?
Fast Legal Filing help people make their small claims forms for New Jersey court in a proper way. We research the case, then we find the right court and follow the guidelines of every small claims court.
Our paralegal staff work on your individual case and ensures that everything you need is perfectly drafted.

Customer’s satisfaction is our first priority

Recover money owed, file your Small Claims Court in
New Jersey and get fast resolution.
We research your small claims and prepare the right
forms for the right court of New Jersey.

Only $149.95

File your small claims online now!

Please select your filing state

Fill out a simple, secure small claims questionnaire

Fast Legal Filing’s paralegal will review, research and prepare your case.

Once your Small Claims is drafted, we will send you the doucments with instrcutions.

Small Claims Court New Jersey

New Jersey Small Claims Statute of Limitation. – Minimum Amount For Small Claims Court New Jersey

In Small Claims Court of New Jersey, small Claims is one of three sections of the Superior Courts Special Civil Part. The other two sections are Landlord Tenant and regular Special Civil Part. Small Claims handles cases in which the demand is not more than $3,000. If the amount of money you are trying to recover is more than $3,000, but less than $15,000, your case should be filed in the regular Special Civil Part. Cases in which damages are more than $15,000 must be filed in the Law Division of the Superior Court.

Small Claims Court New Jersey Fees

In the State of New Jersey, Small Claims Filing offers complete small claims services, special civil services and serving services. Court fee is $42.

How much does it cost to go to small claims court in New Jersey

There is a $30 filing fee for a case asking for up to $1500. To claim over $1500, and up to $5,000, there is a filing fee of $50. If your claim is above $5,000, the filing fee is $75. If you file more than 12 cases in a year, subsequent cases will cost $100.

New Jersey Small Claims Form

You can get small claims form for New Jersey in $15 against one defendant. If you would like to file small claims in online court of New Jersey, you can file your small claims by hiring small claims attorney and file a state of claims. You can serve the complaint by mail using: Certified, Restricted Delivery/Return Receipt Requested. If the defendant is a corporation, the statutory agent must be served.

Customer’s satisfaction is our first priority

SmallClaimsFiling.com has been engineered to assist individuals with common legal matters. Save Time & Money on legal issues such as Name Changes, Small Claims, Trademarks, and much more.

Thousands Ha ve Trusted CivilTree With Their Legal Issues!

New Jersey Small Claims

Thousands Ha ve Trusted CivilTree With Their Legal Issues!

New Jersey Small Claims section of the Civil Division, the maximum demand is $3000. If your action is against a landlord for failure to return a security deposit, the maximum demand is $5000. In addition, there is a separate Small Claims complaint for motor vehicle accidents.

You can also file a Special Civil Case up to $15,000.00. Courtlinked.com can also handle your Special Civil filing.

Small claims complaints are filed in the county where at least one defendant lives or where the defendant’s business is located. If there is more than one defendant, the complaint can be filed in the county where any of the defendants live or are located.

If none of the defendants live or are located in New Jersey, the complaint must be filed where the cause of the complaint occurred. A complaint for the return of a security deposit may be filed in the county where the landlord lives or where the landlord’s property is located.

Defendants are not required to file an answer in small claims but they may file a counterclaim if they believe that the plaintiff who is suing them owes them money. The Small Claims section of the court is widely used by people choosing to represent themselves when the demand amount is within the stated limits.

The procedures in Small Claims are simpler than in other sections of the court. Once a complaint is filed with the appropriate fees, the court will notify all parties of the date and time that they are required to appear for trial.

Courtlinked.com will assist you with your question in regards to the procedures required for the state of New Jersey.

Courtlinked will review your case and file your small claims in the correct venue.

Small Claims Court Nj 2014-2021 Form

Complaint and Summons Motor Vehicle Cases Only Who Should Use This Packet? This packet must be used only if your case involves a motor vehicle accident and you want to file a complaint in Small Claims Court. You can use this packet if a person or company owes you up to $3,000 from a motor vehicle accident and you want to ask the court to order them to pay. NOTE: If you believe you are entitled to more than $3,000 but you still wish to sue in Small Claims, you give up your right to recover.

How to file small claims in new jersey

How it works

Rate the tcamden county nj small claims forms for bsignNow of contract

Quick guide on how to complete monmouth county nj small claims court forms

Forget about scanning and printing out forms. Use our detailed instructions to fill out and eSign your documents online.

SignNow’s web-based program is specially created to simplify the arrangement of workflow and optimize the entire process of competent document management. Use this step-by-step instruction to fill out the Nj small claims complaint form promptly and with ideal precision.

How to complete the Nj small claims complaint form on the web:

  1. To begin the document, use the Fill & Sign Online button or tick the preview image of the blank.
  2. The advanced tools of the editor will direct you through the editable PDF template.
  3. Enter your official identification and contact details.
  4. Apply a check mark to indicate the choice where necessary.
  5. Double check all the fillable fields to ensure total precision.
  6. Use the Sign Tool to add and create your electronic signature to signNow the Nj small claims complaint form.
  7. Press Done after you complete the document.
  8. Now you may print, download, or share the form.
  9. Follow the Support section or get in touch with our Support team in the event that you have any concerns.

By making use of SignNow’s comprehensive service, you’re able to perform any required edits to Nj small claims complaint form, make your customized electronic signature within a few quick steps, and streamline your workflow without the need of leaving your browser.

Create this form in 5 minutes or less

How to file a complain in small claims court nj

Find a suitable template on the Internet. Read all the field labels carefully. Start filling out the blanks according to the instructions:

How to file small claims in new jersey

Instructions and help about nj small claims court form

hi I’m Peter Lamont a new business and personal law attorney I’d like to welcome you to this edition of practical law now there are times when you need to file a lawsuit and the damages that you’re seeking are $15,000 or below in some cases it might be very low 150 or 200 dollars and it might not make financial sense for you to hire an attorney in those cases you’re looking at filing a lawsuit in New Jersey’s special Civil Division and there are forms that you can fill out to initiate the case so today we’re going to take a look at filling out a summons and complaint in the special civil part of the Superior Court in New Jersey okay so we’re going to take a look at now filling out the special civil part complaint and summons before we get into filling out the forms I want to make a couple points first of all when can you use these forms well you can use them for legal matters that involve property damage breach of a verbal or written contract defective merchandise that you might have p

FAQs small claims complaint form

Here is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.

Need help? Contact support

How to file small claims in new jersey

A New Jersey small estate affidavit is a form that can help heirs of a person who has died (the decedent) avoid a more lengthy process of settling an estate. This process is only available for cases in which the decedent died intestate, meaning without a will. Additionally, it’s only available for estates with a total value below a level set by the state, and only when most of that amount is going to settle debts of the estate. There are different maximum amounts depending on whether the person claiming the property is the surviving spouse, or another party

Laws

  • Days After Death – No statute, although individual counties may have specific time limits.
  • Maximum Amount ($) – For surviving spouses, the total value of the estate may not exceed $50,000, with up to $10,000 after settling all debts. (§3B:10-3) For all other heirs, the total value of the estate may not exceed $20,000. (§3B:10-4)
  • Signing Requirements – Must be notarized
  • Statutes – Administration of Estates, Decedents and Others (§3B:10-3, §3B:10-4)
  • Step 1 – Make an Inventory
  • Step 2 – Notify Other Heirs (For non-spouses)
  • Step 3 – Fill Out and File

Step 1 – Make an Inventory

Create an inventory of all property. This will be used to verify whether it falls under the statutory limit, and will also be required information to include on the affidavit.

Step 2 – Notify Other Heirs

If there is no surviving spouse, another heir may serve as affiant, meaning the person who fills out the affidavit. Before doing so, it is necessary to notify and obtain the consent of all other potential heirs.

Step 3 – Fill Out and File

The affiant should fill out the form in the presence of a notary public, and file it with the surrogate court in the county where the decedent resided at the time of death. If, however, the affiant is not a New Jersey resident, then the document should be submitted to the court first, then may be notarized where the affiant lives. To find the correct court, consult the death certificate of the decedent, and use this Court Locator.

How to file small claims in new jersey

Search Documents

Do you need help?

Our support agents are standing by to assist you. Please be aware that our agents are not licensed attorneys and cannot address legal questions.

Claim Form – Spending-Savings Accounts – Flexible Spending Account – Medical and Dependent Care

This form is used to file a Horizon BCBSNJ Flexible Spending Account (FSA) claim. ID: 6051

Claim Form – Spending-Savings Accounts – Flexible Spending Account – Transportation

Use this form to file a Horizon BCBSNJ Flexible Spending Account (FSA) transportation expenses claim. ID: 132

Claim Form – Spending-Savings Accounts – Health Reimbursement Account

This form is used to file a Horizon Health Reimbursement Account (HRA MyWay) claim. ID: 2816

Horizon Health Insurance Claim Form

Horizon HMO, Horizon POS, Horizon Direct Access, Horizon EPO, Horizon PPO, Traditional, National Accounts and OMNIA Health Plan members use this form for medical claims. ID: 7190

Prescription Drug Claim Form – Prime Therapeutics

Use this claim form for prescriptions filled by Prime Therapeutics. Prime Therapeutics LLC is an independent company providing pharmacy benefit management services for Horizon BCBSNJ members. ID: 3272

Are you sure you want to leave this website?

You are leaving the Horizon Blue Cross Blue Shield of New Jersey website. Please click Continue to leave this website. Or, if you would like to remain in the current site, click Cancel.

This website is operated by Horizon Blue Cross Blue Shield of New Jersey and is not New Jersey’s Health Insurance Marketplace. This website does not display all Qualified Health Plans available through Get Covered NJ. To see all available Qualified Health Plan options, go to the New Jersey Health Insurance Marketplace at Get Covered NJ.

Products and services are provided by Horizon Blue Cross Blue Shield of New Jersey, Horizon Insurance Company, Horizon Healthcare of New Jersey, Braven Health, and/or Horizon Healthcare Dental, Inc., each an independent licensee of the Blue Cross Blue Shield Association. Communications may be issued by Horizon Blue Cross Blue Shield of New Jersey in its capacity as administrator of programs and provider relations for all its companies. The Blue Cross® and Blue Shield® name and symbols are registered marks of the Blue Cross Blue Shield Association. The Horizon® name and symbols are registered marks of Horizon Blue Cross Blue Shield of New Jersey. The Braven Health℠ name and symbols are service marks of Braven Health.

Tied in 2021. For J.D. Power 2021 award information, visit jdpower.com/awards.

Information in Other Languages

  • Español
  • Polski
  • عربي
  • 中文
  • Italiano
  • اردو
  • 한국어
  • Русский язык
  • Português
  • Tagalog
  • हिंदी
  • Kreyòl ayisyen
  • ગુજરાતી
  • Français
  • Tiếng Việt

Family of Companies

® 2021 Horizon Blue Cross Blue Shield of New Jersey, Three Penn Plaza East, Newark, New Jersey 07105.

Preparing a Small Estate Affidavit in New Jersey is a beneficial way to administer the estate of a deceased person without having to go through the long, drawn out process of probate court proceedings.

The use of a Small Estate Affidavit for New Jersey is limited to situations where the deceased person did not have a lot of assets. To qualify in New Jersey, the estate in question must be valued below $50,000.

The major function of the New Jersey Small Estate Affidavit is:

  • To inform the court that the estate in question meets the requirements of a small estate
  • And, that the simplified summary probate administration should be initiated instead

Also, this simplified process entitles the executor of the document to receive possession and ownership of the deceased person’s property without having to go through the formality of probate.

The person completing the Small Estate Affidavit New Jersey form must also swear to make proper notice to other claimants, if any.

While the major legal requirement for utilizing a Small Estate Affidavit in New Jersey is the total worth of the decedent’s property, there are a number of factors you should consider to ensure that the estate administration goes as smoothly as possible.

How to fill out a Small Estate Affidavit New Jersey form

The Small Estate Administration process in New Jersey is started when the affiant makes the application at the appropriate local court in New Jersey where the decedent passed.

The appropriate court may be a surrogate’s court, probate court or circuit court, whichever is responsible for probate matters where the person died in New Jersey and the estate is located.

There is usually a waiting period of about 45 days before Small Estate proceedings in New Jersey can be started, however, the court may waive the waiting period with good cause.

While there is no formal process as to how a New Jersey Small Estate Affidavit must be drafted, a few relevant specifics must be included:

  • The name and address of the deceased person
  • Whether or not the deceased person had written a will
  • A list of all the assets in the estate, with specific information on all of them including all account numbers. The assets may include bank accounts, insurance policies, investment accounts and cars and boats
  • Whether there are any unpaid debts by the deceased including funeral expenses. If there are, the name and address of each creditor, specifying the amount owed to each one
  • A list of everyone holding property due to the estate, with the particular property stated, as well as the name and address of the individual
  • A list of everyone entitled to receive property from the estate, stating their name, age, address and relationship with the deceased person
  • That notice will be given to other successors and creditors notifying them of the affiant’s intention to lay claim to the estate
  • That the affiant understands under penalty of perjury that the Small Estate Affidavit New Jersey form is not false or misleading

Sometimes a New Jersey Small Estate Affidavit might not be the right course of action, depending on the deceased person’s assets and the conditions of their financial health.

A Small Estate Affidavit for New Jersey should not be filed when:

  • There are minor or disabled beneficiaries
  • The heirship may be disputed
  • There are creditors or funeral expenses yet to be settled
  • The will might be contested, ambiguous or of questionable validity
  • All estate assets are not known
  • Probate proceedings have already been initiated

A New Jersey Small Estate Affidavit must be notarized

Once you have filled out the New Jersey Small Estate Affidavit form completely, it must be sworn and signed in the presence of a local notary public.

A certified copy of the death certificate is also required to be filed along with the Small Estate Affidavit in New Jersey. The death certificate can be obtained from the local health department for a nominal fee.

After the New Jersey Small Estate Affidavit has been filed, the normal court process for Small Estate Administration takes place, with the affiant receiving the court’s permission to take over the estate, taking into consideration the provisions of the law with regards to creditors as well as court costs and other expenses.

After satisfying all claims, the estate’s assets can then be distributed, either in accordance with the will, or with the laws of intestacy, when there is no will.