Fill - Free fillable 10148 Sc Motorveh (NJ Judiciary) PDF form

Revised 06/13/2018, CN 10148 page 1 of 9

CIVIL – SCP

Small Claims - $3,000 Limit Auto

Updated June 2018

How to Sue for Up To $3,000 in Small Claims Court

Motor Vehicle Case

Small Claims 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 damages over $3,000. The additional money cannot be claimed later in a

separate lawsuit. You must be at least 18 to file your claim. If you are under 18, your parent or

guardian has to file the claim for you.

Note: These materials have been prepared by the New Jersey Administrative Office of the Courts for

use by self-represented litigants. The guides, instructions, and forms will be periodically updated as

necessary to reflect current New Jersey statutes and court rules. The most recent version of the forms

will be available at the county courthouse or on the Judiciary’s Internet site njcourts.gov. However,

you are ultimately responsible for the content of your court papers.

Completed forms are to be submitted to the county where you are filing your case. A list of

Special Civil Part Offices is provided at the customer counter and at njcourts.gov.

Small Claims - $3,000 Limit Auto

Revised 06/13/2018, CN 10148 page 2 of 9

Things to Think About Before You Represent Yourself in Court

Try to Get a Lawyer

The Small Claims Section is a court in which

you may sue someone (the defendant) to collect

a small amount of money that you believe is

owed to you. Because procedures in Small

Claims are simpler than in other sections of the

court, people usually can file and present their

cases relatively quickly and inexpensively, and

often without an attorney.

What You Should Expect If You

Represent Yourself

While you have the right to represent yourself in

court, you should not expect special treatment,

help or attention from the court. The following

is a list of some things court staff can and

cannot do for you. Please read it carefully

before asking court staff for help.

• We can explain and answer questions about

how the court works.

• We can tell you what the requirements are to

have your case considered by the court.

• We can give you some information from

your case file.

• We can provide you with samples of court

forms that are available.

• We can provide you with guidance on how

to fill out forms.

• We can usually answer questions about

court deadlines.

• We cannot give you legal advice. Only your

lawyer can give you legal advice.

• We cannot tell you whether or not you

should bring your case to court.

• We cannot give you an opinion about what

will happen if you bring your case to court.

• We cannot recommend a lawyer, but we can

provide you with the telephone number of a

local lawyer referral service.

• We can cannot not talk to the judge for you

about what will happen in your case.

• We cannot let you talk to the judge outside

of court.

• We cannot change an order issued by a

judge.

Keep Copies of All Papers

Make and keep copies of all completed forms

and documents related to your case.

Small Claims - $3,000 Limit Auto

Revised 06/13/2018, CN 10148 page 3 of 9

Definitions of Words Used in This Packet

Breach of Contract: A breach of contract is a failure to perform a promise which is a part of a

written or oral contract.

Certification: A certification is a written statement made to the court when you file papers with the

court, swearing that the information contained in the papers is true to the best of your knowledge.

Complaint: A complaint is a document in which you briefly tell the court the facts in your case and

the relief you want the court to grant.

Default: When the defendant does not appear in court to respond to the complaint or does not file an

answer, a judge may order in your favor. This is called a default. Also, if you do not show up in

court, the court may dismiss your case.

Defendant: The defendant is the party who is being sued.

File: To file means to give the appropriate forms and fee to the court to begin the court’s

consideration of your request.

Motion: A motion is a written request in which you ask the court to issue an order, or to change an

order it has already issued.

Order: An order is a signed paper from the judge telling someone they must do something.

Party: A party is a person, business, governmental agency, etc., involved in a court action.

Plaintiff: The plaintiff is the party who starts the lawsuit.

Return Date: This is the date the plaintiff and defendant are told to appear in court.

Service of Process: Service of Process is the official delivery of the papers to the other party.

Summons: A summons is the paper that notifies the defendant that he or she is being sued and briefly

explains the steps they need to take once they have received this notice.

Tort: A tort is an injury inflicted on a person or property independent of a contract.

Small Claims - $3,000 Limit Auto

Revised 06/13/2018, CN 10148 page 4 of 9

The numbered steps listed below tell you what forms you will need to fill out and what to do with

them. Each form should be typed or printed clearly on 8 ½ “x 11” white paper only. Forms may

not be filed on a different size or color paper.

Steps for Filing Your Small Claims Complaint and Summons

STEP 1: Fill out the Small Claims

Complaint (Form A).

The Small Claims Complaint tells the court and

the defendant the facts of the case and the things

you want the defendant to do.

STEP 2: Fill out the top of the Small Claims

Summons (Form B).

The Small Claims Summons is delivered by the

court to the defendant in the case (the person or

company being sued). It puts the defendant on

notice that you have filed a complaint against

him or her. It also informs the defendant of the

steps he or she must take to dispute the claim.

Attach page 2 of the summons form (Form B)

and the filing fee to the complaint before

mailing or delivering your papers to the court.

Page 1 of the summons is a pre-printed form

that the court will attach when it delivers the

summons to the defendant.

STEP 3: Be sure that the papers can get to

the defendant.

It is very important that you provide the court

with the defendant’s correct address. After you

file your papers with the court, the court will

then mail or deliver the papers to the defendant

using the address you gave the court. If the

address is correct and the defendant is served

with the papers, then the court will notify both

sides of a court date.

If the defendant cannot be found at the address

you provided, the court will notify you that the

trial has been cancelled for that reason. You

must then provide the court with another

address and pay a reservice fee within 60 days

of the date you filed the complaint or the case

will be dismissed. It will be reinstated

automatically if you can provide a valid address

within one year.

STEP 4: Attach the filing fee.

Make a check or money order payable to the

Treasurer, State of New Jersey.

Plaintiff’s Filing Fees:

• $42 for one defendant ($35 Filing Fee and $7

certified and regular mail Service Fee).

• $12 for each additional defendant ($5 Filing Fee

and $7 certified and regular mail Service Fee.)

STEP 5: Where to file the Small Claims

Complaint (Form A).

The complaint must be mailed or delivered to

the Office of the Special Civil Part in the county

where at least one defendant lives or, if the

defendant is a business entity, in the county

where its registered office is located or in any

county in which it actually does business. If

there is more than one defendant, the complaint

can be filed in the county where any of the

defendants live or, if a business entity, is located

or does business. If none of the defendants live

or do business in New Jersey, the complaint

must be filed where the cause of the complaint

occurred.

STEP 6: Check your completed forms.

Check your forms and make sure they are

complete. Remove all instruction sheets. Make

sure you have signed the forms wherever

necessary.

Checklist - You must have all of the following

items in this order:

Complaint (Form A)

Summons (Form B)

Filing fee, in the form of check or money

order. Do not mail cash. You may use

cash if you pay in person, but you should

keep the receipt you get from the court staff

for your records

Small Claims - $3,000 Limit Auto

Revised 06/13/2018, CN 10148 page 5 of 9

STEP 7: Mail or deliver your package of

completed papers to the court.

You can deliver your papers to the court in

person or you can mail them. If you mail the

papers, we recommend that you use certified

mail, return receipt requested. This will provide

you with a green receipt card that can serve as

proof that you mailed the papers. Your post

office can tell you how to send certified mail,

return receipt requested.

 Mail or deliver to the court the original of all

the forms.

 Keep one copy of the entire packet for your

own records.

 Review steps 1 through 7 before mailing this

packet to the court.

STEP 8: You will get a court date for your

trial.

After you file your papers with the court, you

will receive a postcard in the mail with the date

you must appear in court. The defendant will

also be notified to appear in court on the same

date. If you do not appear in court on this date,

your case may be dismissed. If you cannot

make your court date because of circumstances

beyond your control, you must contact the court

in advance and request that your date be

rescheduled.

If the other party does not appear, the court may

find the other party is in default. Bring all the

evidence (documents, photographs, and

witnesses) you need to prove your case with you

to court on your court date. A witness’ written

statement, even if under oath, is not admissible

in court. Only actual testimony in court of what

the witness heard or saw will be allowed.

Prepare your questions in advance. Even if the

defendant does not appear, the judge may

schedule a Proof Hearing at which you must

present all documents that support your case

such as canceled checks, money orders, sales

receipts, bills, contracts, estimates, leases,

letters, photographs, and other documents

proving your claim.

The court will likely ask that you attempt to

settle your case with the help of a judge’s law

clerk or another trained mediator before you go

to trial. If you settle your case, you must tell the

judge and court clerk. If you need an interpreter

or an accommodation for a disability for your

trial, please contact the court before your trial

date.

Small Claims - $3,000 Limit Auto

Revised 06/13/2018, CN 10148 page 6 of 9

Instructions for Completing Form A

(Small Claims Complaint – Motor Vehicle)

This complaint must be used only if your case involves a motor vehicle accident and you want to

file a complaint in Small Claims Court. After you fill in the required information at the top of the

form, in the middle section of the page, below the word COMPLAINT, complete the following

information:

1. Type or print the date the accident occurred.

2. Type or print the name of the defendant(s).

a. After the word Owner, type or print the name of the owner of the vehicle in the space.

b. After the word Operator, type or print the name of the person who was driving the car in the

space.

3. Type or print the name of the place where the accident occurred. You can use the name of the street

or the name of the streets at an intersection near the accident if you do not have an exact address.

4. In the space after the word Demand, enter the amount you are suing for in court.

5. Complete the information regarding interpreters or accommodation for a disability.

6. If the Complaint (Form A) or any of the copies of papers that you attach to the complaint contain a

Social Security number, driver’s license number, vehicle plate number, insurance policy number,

active financial account number or active credit card number, you must redact (black out) this

information so that it cannot be seen, unless any such personal identifier is required to be included

by statute, rule, administrative directive or court order. If an active financial account is the subject

of your case and cannot otherwise be identified, you may use the last four digits of the account to

identify it.

NOTE: Do not redact (black out) this information in the original papers that you are keeping

since you may have to show them to the court at some point.

7. Date and sign the form.

IMPORTANT NOTE:

You cannot use this form for any matter other than for injuries to you or your property resulting from

a motor vehicle accident.

SMALL CLAIMS COMPLAINT (Motor Vehicle)

Revised 06/13/2018, CN 10148 page 7 of 9

Revised 09/04/2012, CN 10533 (Appendix XI-D)

NOTICE: This is a public document, which means the document as submitted will be available to the public upon request. Therefore,

do not enter personal identifiers on it, such as Social Security number, driver’s license number, vehicle plate number, insurance policy

number, active financial account number, or active credit card number.

Plaintiff or Filing Attorney Information:

Court

Name

Name of Court

NJ Attorney ID Number

Address

Telephone Number

From Plaintiff

Superior Court of New Jersey

Name

Law Division, Special Civil Part

Address

Small Claims Section

County

Telephone Number

Docket No:

To Defendant

(to be provided by the court)

Name

Civil Action

Complaint

Motor Vehicle

Address

Telephone Number

COMPLAINT

Plaintiff says the negligence of the defendant operator and/or defendant owner caused a motor vehicle accident resulting

in property damage to plaintiff's vehicl

e, in the following accident:

Date of Accident: .

Place of Accident:

Name of Defendant(s)

Street: .

Owner: .

Municipality: .

Operator: .

County: .

Demand: $

IMPORTANT: Plaintiffs and defendants must bring all witnesses, photos, and documents, and other evidence to the

hearing. Subpoena forms are available at the Clerk’s office to require the attendance of witnesses.

At the trial Plaintiff will require:

An interpreter

Yes No

Indicate Language

An accommodation for disability

Yes No

Indicate Disability

I certify that the matter in controversy is not the subject of any other court action or arbitration proceeding, now pending

or contemplated, and that no other parties should be joined in this action.

I certify that confiden

tial personal identifiers have been redacted from documents now submitted to the court, and will be

redacted from all documents submitted in the future in accordance with

Rule 1:38-7(b).

Date

Plaintiff’s Signature

Plaintiff’s Name Typed, Stamped or Printed

Save

Clear

ext.

Small Claims - $3,000 Limit Auto

Revised 06/13/2018, CN 10148 page 8 of 9

Instructions for Completing Form B

Small Claims Summons

A. Under the section labeled Plaintiff or Plaintiff’s Attorney Information, type or print the name,

address and telephone number of your attorney if you have one. If you do not have an attorney and

are representing yourself, type or print your name, address and telephone number.

B. Under the section labeled Defendant Information, type or print the Defendant(s)’ name, address, and

telephone number.

C. In the upper right hand corner before the word County, type or print the name of the county you are

suing in.

D. In the spaces below the word County, type or print the address and telephone number of the

courthouse you are filing in.

E. Where it says to Check One, check whether you are suing for breach of contract or a tort (see

definitions on page 3).

F. In the space after the words Demand Amount, type or print the amount you are suing for.

G. In the space after the words Filing Fee, type or print the total amount of the filing fee for the number

of defendants you are suing (see STEP 4 on page 4).

H. Leave the space after the word Service Fee blank for the court staff to complete (see STEP 4 on

page 4).

I. Leave the space after the words Attorney’s Fees blank. If you are represented by an attorney he or

she will fill that section out for you.

J. Leave the area after the word Total blank for the court staff to complete.

SMALL CLAIMS SUMMONS AND RETURN OF SERVICE – PAGE 2

Revised effective 9/1/2018

by 9/14/2018 Notice to the Bar, CN 10534 (Appendix XI-A (2))

NOTICE: This is a public document, which means the document as submitted will be available to the public upon request. Therefore,

do not enter personal identifiers on it, such as Social Security number, driver’s license number, vehicle plate number, insurance policy

number, active financial account number, or active credit card number.

Plaintiff or Plaintiff’s Attorney Information:

Name:

SUPERIOR COURT OF NEW JERSEY

NJ Attorney ID Number

LAW DIVISION, SPECIAL CIVIL PART

Address:

COUNTY

Phone:

Plaintiff(s)

versus

Docket Number:

(to be provided by the court)

Defendant(s)

Defendant Information:

Civil Action

SUMMONS

Name:

Address:

Phone:

(Check one):

Contract

Tort

Demand Amount:

Filing Fee:

Service Fee:

Attorney’s Fees:

TOTAL:

YOU MUST APPEAR IN COURT ON THIS DATE AND TIME a.m. p.m.

OR THE COURT MAY RULE AGAINST YOU.

REPORT TO:

RETURN OF SERVICE (For Court Use Only)

Date Served:

RETURN OF SERVICE IF SERVED BY COURT OFFICER

Docket Number

Date:

Time:

OTHER

AGE

HAIR

MUSTACHE

BEARD

GLASSES

NAME:

RELATIONSHIP:

Description of Premises

I hereby certify the above to be true and accurate:

Special Civil Part Officer

page 9 of 9Revised 06/13/2018, C

N 10148

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