New Jersey Small Claims Court: $5,000 Limit, Fees and How to File

In New Jersey, you can sue for up to $5,000 in small claims court. Small claims is a section of the Special Civil Part of the Superior Court, Law Division, and the New Jersey Judiciary's small claims guide says it "handles cases in which someone wants to sue for not more than $5,000," the limit set by Court Rule 6:1-2(a).

Claims up to $20,000 go to the regular Special Civil Part instead, and anything larger belongs in the Civil Part. This guide follows a New Jersey small claims case from filing to collection; for other states, see our guide to small claims court by state.

Information last verified on 2026-10-06. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Small Claims Section of the Special Civil Part, Superior Court of New Jersey, Law Division, as described in New Jersey Court Rule 6:1-2(a) and the New Jersey Judiciary's small claims and Special Civil Part guides and fee schedule. It does not cover landlord-tenant (eviction) cases, the regular Special Civil Part or Civil Part except for comparison, municipal court matters, or small claims in other states.

New Jersey small claims limit: $5,000

The Small Claims Section hears cases where someone sues "for not more than $5,000," according to the New Jersey Judiciary's Small Claims FAQ (CN 11482, revised 05/2025). The limit comes from Court Rule 6:1-2(a). Small claims is one of three sections of the Special Civil Part; the other two are Landlord Tenant and the regular Special Civil Part.

The court's self-help page notes: "The limit for security deposit returns is $5,000 in small claims court." Under R. 6:1-2(a)(2), that $5,000 figure includes "any applicable penalties," so count any penalty you claim on top of the deposit. If a security deposit claim is larger, you can file in the regular Special Civil Part, which hears claims up to $20,000. A security deposit case may be filed in the county where the landlord lives or where the landlord's property is located (CN 10151).

Suing for more than $5,000 in small claims means giving up the rest

You can choose to squeeze a bigger claim into small claims, but it costs you. The Judiciary's FAQ is direct: "If you believe you are entitled to damages greater than the money limits, but still wish to sue in Small Claims, you give up your right to recover damages over the money limits. The additional money cannot be claimed later in a separate lawsuit."

If you want to pursue the full amount, file in the regular Special Civil Part (up to $20,000) instead. That court has different rules for answers and for business representation, covered below.

The court's small claims pages do not state a limit on how many small claims cases a person can file in a year.

What you can sue for, and who can file

Small claims handles money claims in contract and tort, and landlord-tenant money claims such as rent, a security deposit or damages. The Judiciary's FAQ lists cases that cannot be brought in small claims:

• Professional malpractice claims (for example against doctors, dentists or lawyers).
• Support or alimony.
• Probate matters and wills.
• Any claim that asks for something other than money.

To sue in small claims, "a person must be 18 years of age or older. If the person suing is under the age of 18, the complaint must be filed by the parent or guardian." Do not put confidential personal identifiers on your court papers, such as a Social Security number, driver's license number, license plate number, insurance policy number or financial account numbers.

File before the deadline for your type of claim runs out; our New Jersey statute of limitations guide lists them. If your claim is a security deposit dispute, the New Jersey landlord-tenant laws page covers the deposit rules.

Filing fees

The New Jersey Judiciary publishes one statewide fee schedule (CN 11112, revised 08/2026). These are the fees a small claims case runs into:

If the court has to send a Special Civil Part Officer to serve the papers personally, the FAQ lists a $3 reservice fee plus a $7 officer service fee for one defendant, and $5 plus $7 for each additional defendant.

For comparison, a complaint in the regular Special Civil Part costs $50 when the claim is $5,000 or less and $75 when it is more than $5,000, according to the Special Civil Part FAQ (CN 11481).

Fee waivers

You can ask the court to waive filing fees. The court's self-help page says you must "Have income at or below 150% of the current poverty level (based on the number of people in the household); AND Have no more than $2,500 in liquid assets such as cash or bank accounts." Submit the Fee Waiver form when you file, because the clerk cannot file your papers without the fee unless the waiver is in place.

Do you need a lawyer?

No. Lawyers are allowed in New Jersey small claims, but the Judiciary says "Most people are able to file and present their cases without an attorney."

Business representation depends on the amount. The Special Civil Part FAQ says a corporation or partnership (any entity other than a sole proprietor) must have a lawyer when the claim is over $5,000, but "An officer, trustee, director, agent or employee of a corporation may present or defend against a claim of $5,000 or less." That means a business in small claims can appear through a non-lawyer officer or employee on its own claims; Court Rule 6:11 limits this to claims "originating with and not held by transfer or assignment to that business entity."

The Judiciary provides interpreters. Request one as soon as you know you need it.

Where and how to file

File "in the Office of the Special Civil Part of the county where at least one defendant lives or where the defendant's business is located," according to the Judiciary's FAQ. A business is located where it does business or has its registered office. If no defendant lives or is located in New Jersey, file in the county where the cause of the complaint occurred.

You can file electronically through the Judiciary Electronic Document Submission system (JEDS), by mail or in person. The self-help page links the court's guides, including How to Sue in Small Claims for non-motor-vehicle cases (CN 10151) and for motor vehicle cases (CN 10148).

Serving the defendant

In New Jersey small claims, the court serves the summons and complaint for you. The usual method is certified and regular mail, at "$10 for each defendant served by certified and regular mail." The court can also have a Special Civil Part Officer deliver the papers personally, for the extra fees listed above.

The court's small claims pages do not spell out how long before trial service must happen. If the defendant cannot be found at the address you gave, the court cancels the trial and notifies you. According to the court's filing guide (CN 10151), you must then give the court another address and pay a reservice fee within 60 days of the date you filed the complaint, or the case will be dismissed; it is reinstated automatically if you provide a valid address within one year.

If the defendant is in the military

Before any default judgment, federal law requires an extra step. When a defendant does not appear, 50 U.S.C. § 3931 requires the plaintiff to file an affidavit stating whether or not the defendant is in military service, or that the plaintiff cannot determine it, before the court enters judgment. If the defendant is in military service, the court may not enter judgment until it appoints a lawyer for the defendant.

If you are the defendant

The summons gives the trial date, and you must attend. Unlike the regular Special Civil Part, which requires a written answer within 35 days, small claims does not require a written answer.

Your options include:

• Defend the claim at trial with your own testimony, witnesses and documents.
• File a counterclaim against the plaintiff before the scheduled trial date; the fee is $30 for a small claims counterclaim.
• Ask for a jury. A jury of six is available on request for a $100 fee.
• Ask for a new date if you cannot attend, by calling the number on the notice.

If your counterclaim is for more than $5,000, Court Rule 6:11 says the action "shall be transferred to the Special Civil Part proper upon payment by the defendant of the required fees." Ask the Special Civil Part Office for the amount. A counterclaim kept in small claims above the limit risks the same waiver of the excess that applies to a plaintiff (R. 6:1-2(c)).

If you do not attend, "the judge could enter a default judgment," and you might have to pay all or part of the money claimed. If the plaintiff does not appear, the judge could dismiss the case.

If a default judgment was entered against you, you can ask the court to vacate it by motion. The Judiciary's How to File a Motion in the Special Civil Part packet (CN 10543) covers this motion and says you must file an answer, and any counterclaim, along with it; the packet also states: "There is no fee to file a motion in the Small Claims Section of the Special Civil Part." Court Rule 4:50-2, which applies in the Special Civil Part under R. 6:6-1, requires the motion "within a reasonable time," and not more than one year after the judgment if you rely on mistake, inadvertence, surprise or excusable neglect. Act quickly, and contact the Special Civil Part Office or a legal aid office if you need help.

Trial day: settlement conference, then the hearing

New Jersey builds a settlement step into the trial date. According to the Judiciary's FAQ, "On the day scheduled for trial, the court will help you try to settle your case through a settlement conference with a trained neutral third person." If the case does not settle, it is likely to be heard by the judge the same day. The court's pages do not require a demand letter before filing.

At trial, both sides testify and witnesses can testify in person. Written statements do not count: "A written statement, even if under oath, is not admissible in court. Only actual testimony in court of what the witness(es) heard or saw will be allowed." If you need a witness's account, bring the witness.

Submit documents ahead of time through JEDS or the Electronic Evidence Submission system, or bring them with you. Plan how you will present texts and emails, because the court cannot use text messages or emails shown on a mobile phone screen.

Appeals

Either party can appeal. The Judiciary's FAQ says "you may appeal the case to the Appellate Division of the Superior Court within 45 days from the date when the final decision is rendered" (the deadline rule is R. 2:4-1). To appeal, you file:

• A Notice of Appeal.
• A Request for Transcript.
• A Case Information Statement.

The costs, according to the FAQ, are a $250 filing fee paid with the Notice of Appeal and a $300 deposit paid to the Appellate Division clerk within 30 days of the notice. The deposit is refunded if the appeal succeeds; otherwise it may be applied to costs. You also pay a deposit for the transcript, based on an estimate or $300 per day of trial. A fee waiver is available for appeals as well.

Collecting your judgment

The court cannot guarantee that you will be paid, and winning does not collect the money for you. You enforce the judgment through the Special Civil Part Office, using these tools described on the court's self-help page:

• Writ of execution ($35 filing fee): lets a Special Civil Part Officer levy on the debtor's personal property and bank accounts. Real estate cannot be levied through the Special Civil Part. The officer charges the debtor an extra 10% on money recovered, plus mileage, and a $7 service fee applies.
• Bank levy: pursued through a Motion to Turn Over Funds.
• Wage execution: available when the debtor works in New Jersey and earns more than $217.50 per week. The debtor receives a Notice of Application for Wage Execution by regular and certified mail, and the officer takes a 10% commission.
• Motor vehicle seizure.
• Judgment lien on real estate: file a Statement for Docketing with the Superior Court Clerk in Trenton ($35).

The self-help page says "The debtor can keep $1,000 worth of personal property and clothing." For the rest of New Jersey's exemption rules, see New Jersey debt collection laws. Federal law also protects certain income: Social Security benefits are not subject to garnishment or levy (42 U.S.C. § 407(a)), and VA benefits are exempt from creditors' claims (38 U.S.C. § 5301(a)(1)).

Car accident judgments: for a motor vehicle accident judgment over $500, the debtor must pay within 60 days, or the plaintiff may ask the Motor Vehicle Commission to suspend the debtor's driving and registration privileges.

How long a judgment lasts: a New Jersey judgment operates for 20 years (N.J.S.A. 2A:17-3), and under N.J.S.A. 2A:14-5 it can be revived, or sued on, within 20 years after its date.

Interest: under Court Rule 4:42-11(a), post-judgment interest runs at an annual rate the courts set each calendar year. For 2026, the rate for judgments not exceeding the Special Civil Part limit, which covers every small claims judgment, is 4.5%.

Suing the federal government

Small claims court is not the place for a tort claim against the United States. Federal district courts have exclusive jurisdiction over money claims against the United States for injury or property loss caused by a federal employee (28 U.S.C. § 1346(b)(1)).

Official forms and self-help

• Lawsuits $5,000 or less (Small Claims): the Judiciary's self-help page, with forms, JEDS filing and collection steps.
• Small Claims FAQ (CN 11482), revised 05/2025.
• Special Civil Part FAQ (CN 11481), revised 05/2025, for claims up to $20,000.
• Filing Fees (CN 11112), revised 08/2026.
• How to Sue in Small Claims, non-motor vehicle (CN 10151); the self-help page also links the motor vehicle version (CN 10148), a brochure (CN 10290) and a default judgment form (CN 10914).

Related

• Small claims court by state
• New Jersey statute of limitations
• New Jersey landlord-tenant laws
• New Jersey debt collection laws
• New York small claims court
• Pennsylvania small claims court

Disclaimer: This article provides general legal information about the Small Claims Section of New Jersey's Special Civil Part under Court Rule 6:1-2(a), the New Jersey Judiciary's published guides and fee schedule, and the statutes cited above, verified on 2026-10-06. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact the Special Civil Part Office in your county, a legal aid office, or a lawyer licensed in New Jersey.

Last updated: 2026-10-06.

Frequently Asked Questions

What is the small claims limit in New Jersey?

$5,000. The Small Claims Section of the Special Civil Part hears claims for not more than $5,000 (R. 6:1-2(a); NJ Judiciary FAQ CN 11482), including security deposit return claims.

Can I sue for more than $5,000 in small claims in New Jersey?

Only by giving up the excess. The Judiciary's FAQ says a plaintiff who sues in small claims gives up the right to recover more than the limit, and the extra money cannot be claimed later. Claims up to $20,000 can be filed in the regular Special Civil Part.

How much does it cost to file a small claims case in New Jersey?

$35 for one defendant and $5 for each additional defendant, plus $10 per defendant for service by certified and regular mail (fee schedule CN 11112, revised 08/2026). Fees can be waived for people at or below 150% of the poverty level with no more than $2,500 in liquid assets.

Do I need a lawyer for New Jersey small claims court?

No. Lawyers are allowed, but the court says most people file and present their cases without one. A business can be represented by an authorized officer or employee on a claim of $5,000 or less that it did not acquire by transfer or assignment (R. 6:11).

Does the defendant have to file an answer in New Jersey small claims?

No written answer is required in small claims, but the defendant must attend the trial. A defendant who does not attend risks a default judgment. A counterclaim must be filed before the scheduled trial date and costs $30 within the small claims limit.

Can I get a jury in New Jersey small claims court?

Yes. A jury of six is available on request for a $100 fee under the Judiciary's fee schedule (CN 11112).

How long do I have to appeal a New Jersey small claims judgment?

45 days from the date the final decision is rendered, to the Appellate Division of the Superior Court. The FAQ lists a $250 filing fee and a $300 deposit due within 30 days of the notice of appeal.

How do I collect a New Jersey small claims judgment?

Through the Special Civil Part Office: a writ of execution ($35) on personal property and bank accounts, a wage execution if the debtor works in New Jersey and earns more than $217.50 a week, or a Statement for Docketing ($35) for a lien on real estate. The court cannot guarantee payment.