How to file small claims in New Jersey

Sue for up to $5,000 in the Small Claims Section (Special Civil Part, Superior Court); filing fee around $35.

New Jersey's Small Claims Section hears claims up to $5,000; the Special Civil Part takes claims up to $20,000.

• Dollar limit: $5,000 — $5,000 in the Small Claims Section; the Special Civil Part handles up to $20,000.
• Filing fee: $35 — About $15–$35 plus a mileage/service fee.
• Where to file: Small Claims Section (Special Civil Part, Superior Court)
• Lawyers at the hearing: allowed

1. Confirm your claim is at or under the dollar limit and within the statute of limitations for your claim type.
2. Send a written demand letter first — most courts expect it, and it often gets you paid without filing.
3. Get the correct filing form (often a "Statement of Claim" or "Plaintiff's Claim") from the Small Claims Section clerk or the court's website.
4. File the form with the Small Claims Section for the county where the defendant lives or where the dispute happened, and pay the filing fee.
5. Arrange service of process so the defendant is officially notified (by the sheriff, certified mail, or a process server, per local rules).
6. Gather your evidence — contract, texts, photos, receipts, the demand letter — and bring organized copies to your hearing.
7. Show up on your court date and present your case; if you win, ask the judge how to collect the judgment.
8. New Jersey's Small Claims Section caps at $5,000; the Special Civil Part handles $5,000–$20,000.

What are you suing for?

• Suing for unpaid loan in New Jersey: 6 years to file
• Suing for security deposit in New Jersey: 6 years to file
• Suing for property damage in New Jersey: 6 years to file
• Suing for unpaid rent in New Jersey: 6 years to file
• Suing for contractor dispute in New Jersey: 6 years to file

Source: N.J. Ct. R. 6:11. Reviewed 2026-06-17 (verify with the court clerk).

Nearby states: New York ($10,000) · Pennsylvania ($12,000) · Delaware ($25,000).

General legal information, not legal advice. Rules change and vary by county and court; consult a licensed attorney or your court clerk.

Updated July 2026