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Revised 09/01/2018, CN 10542 page 1 of 13

How to Answer a Complaint in the Special Civil Part

Who Should Use This Packet?

You can use this packet if you are being sued

in the Special Civil Part for an amount of money up to $15,000 and

you do not

have any other claims against any other person (counter or cross-claim). If you do not file an Answer

within the time specified in the Summons,

which accompanies the Complaint, a money judgment may be entered

against you.

DO NOT

use this packet if you think you have a counterclaim, cross-claim or third party complaint

(definitions for these

terms appear on page

3) instead use packet 11968 - How to Answer a Complaint in the Special Civil Part With a

Counterclaim, Cross

-claim and/or Third Party Complaint.

General Requirements:

You must send an ANSWER to the court within 35 days from the date the Summons was sent to you. That date is

shown on the summons you received. Your Answer must be accompanied by either a $30 filing fee, or if you cannot

afford the $30 fee, a fee waiver request. To file a fee waiver use packet

11208 - How to File for a Fee Waiver - All

Courts, found on our Self Help Center at njcourts.gov. (This form must be sent at the same time you file your

Answer.)

If you have evidence showing that you do not owe the amount claimed, such as receipts, keep the original documents

and bring them to the trial.

You must send a copy of the Answer to the plaintiff by certified and regular mail if the plaintiff does not have a

lawyer. If the plaintiff has a lawyer, you must send a copy of the Answer to that lawyer by regular mail.

Each person being sued must file his or her own Answer.

An Answer on behalf of a CORPORATION, LIMITED LIABILITY CORPORATION or LIMITED PARTNER in a

limited partnership must be filed by an attorney if the amount sought in the case is more than $3,000.

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 Special Civil Part of the Superior Court in the county where you are

filing your case. A list of Special Civil Part Offices is provided at the customer counter or at njcourts.gov.

Civil - SCP - Answer

Updated September 1, 2018

Civil - SCP - Answer

Revised 09/01/2018, CN 10542 page 2 of 13

Things to Think About Before You Represent Yourself in Court

Try to Get a Lawyer

The court system can be confusing and it is a

good idea to get a lawyer if you can. If you

cannot afford a lawyer, you may contact the

legal services program in your county to see if

you qualify for free legal services. Their

telephone number can be found online under

“Legal Aid” or “Legal Services.”

If you do not qualify for free legal services and

need help in locating an attorney, you can

contact the bar association in your county.

Most county bar associations have a Lawyer

Referral Service. The Lawyer Referral Service

can supply you with the names of attorneys in

your area willing to handle your particular type

of case and sometimes consult with you at a

reduced fee.

There are also organizations of minority lawyers

throughout New Jersey, as well as organizations

of lawyers who handle specialized types of

cases. Ask your county court staff for a list of

Lawyer Referral Services that include these

organizations.

What You Should Expect If You

Represent Yourself

While you have the right to represent yourself in

court, you should not expect any special

treatment, help, or attention from the court.

You must still comply with the Rules of the

Court, even if you are not familiar with them.

The following is a list of some things the court

staff can and cannot do for you. Please read it

carefully before asking the 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 cannot 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

If you do not hire an attorney but represent

yourself, be sure to make and keep for yourself

copies of all completed forms and any canceled

checks, money orders, sales receipts, bills,

contract estimates, letters, leases, photographs

and other important documents that relate to

your case.

Civil - SCP - Answer

Revised 09/01/2018, CN: 10542 page 3 of 13

Definitions of Words Used in This Packet

Answer - An answer is a written response of the defendant to the allegations contained in the Complaint,

which explains why you think you do not owe the money to the other party in the case.

Complaint - A complaint is a document in which the plaintiff briefly tells the court the plaintiff’s account of

the facts that entitle the plaintiff to the relief requested.

Counterclaim* - A counterclaim is a document in which (you) the defendant briefly tells the court your

account of the facts and explains why you think the plaintiff owes you money in the case.

Cross-claim* - A cross-claim is a claim by one defendant that a co-defendant is responsible for plaintiff’s

damages.

Default - When the defendant fails to respond to the Complaint in the time specified in the Summons, the court

automatically marks the defendant in default for having failed to file an Answer to the Complaint. Once a

default has been entered, the judge may enter a money judgment in the plaintiff’s favor. Likewise, if the

plaintiff does not show up in court, the court may dismiss the case for plaintiff’s failure to prosecute the case.

Defendant - The defendant is the person being sued.

File - To file means to give the appropriate forms and fee to the court to begin the court’s consideration of your

position or request.

Interrogatories – Interrogatories are a list of questions from the plaintiff and/or defendant asking for

information about the case that require a written response from the party who was served.

Judgment – A judgment is the official decision of a court in a case.

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, or governmental agency named in a court action.

Plaintiff - The plaintiff is the person who files the lawsuit.

Return Date – The Return Date is the date the plaintiff and defendant are told to appear in court.

Service - Service is mailing copies of your papers to the lawyer for the other party or to the other party if there

is no lawyer.

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

the steps he or she needs to take once they have received this notice.

Third Party Complaint* - A third party complaint is a complaint filed against a third (new) party by a

defendant alleging that the third party is liable for all or part of the claim that is in dispute.

*If you have a counterclaim, cross-claim, or third party complaint, use packet 11968 - How to Answer a

Complaint in the Special Civil Part With a Counterclaim, Cross-claim and/or Third Party Complaint.

Civil - SCP - Answer

Revised 09/01/2018, CN: 10542 page 4 of 13

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 Answer in the Special Civil Part

STEP 1: Fill out the appropriate Answer form

(Form A or B)

Fill out the Answer, which is your written response to

the Complaint, explaining to the Court why you think

you do not owe the money that the person suing you is

asking for.

• If your case DOES NOT involve an automobile

accident use Form A. Detailed instructions on

how to fill out Form A can be found on page 6.

• If your case DOES involve an automobile

accident, use Form B. Detailed instructions on

how to fill out Form B can be found on page 10.

STEP 2: Attach the filing fee

Attach your check or money order for $30 payable to

the Treasurer, State of New Jersey. If you cannot

afford the filing fee, attach the fee waiver (CN 11208

found on njcourts.gov).

STEP 3: Where to file the Answer

You must mail or deliver your Answer to the Office

of the Special Civil Part in the county where the case

was filed against you. Look at the Summons you

received from the court for this address.

STEP 4: Check your completed form

Check your form and make sure it is complete.

Remove all instruction sheets. Make sure you have

signed the form and have included your name,

address and telephone number.

CHECKLIST: You must have all of the following

items in this order:

Answer (Form A OR B)

Filing fee of $30 in the form of a check or

money order or fee waiver request. 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.

STEP 5: Mail or deliver your package of

completed papers to the court and the other

parties in the case

You can deliver your Answer in person or you can

mail it. If you mail the Answer to the court, 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 Answer to the court. Your post office can

tell you how to send certified mail, return receipt

requested.

You must also mail a copy to each party’s attorney

by regular mail or to each party by certified and

regular mail if that party does not have an attorney.

If the lawsuit names another person (in addition to

yourself) as a defendant, you must also send that

person a copy of your Answer.

• Make enough copies of the Answer so that you

will have one for yourself and one for the other

parties’ attorneys. If the other parties do not

have an attorney, then make enough copies so

that you have one copy for each party in the case.

• Mail or deliver the original Answer to the court.

• Mail or deliver one copy to each of the other

parties’ attorneys or to each of the other parties

if he or she does not have an attorney.

STEP 6: You will get a court date for your trial

After you file your Answer with the court, you will

receive a notice in the mail with the date you must

appear in court. The plaintiff will also be notified to

appear in court on the same date. You must appear

in court on this date; if you do not the court may find

you in default and judgment may be entered against

you and you may lose the case.

If you cannot make your court date because of

circumstances beyond your control, you must

contact the plaintiff to ask for his/her consent to

reschedule the matter. Once you have contacted the

plaintiff, you can contact the court to advise the

Court of the plaintiff’s response and request that

your date be rescheduled. If the plaintiff does not

appear, the case may be dismissed.

Civil - SCP - Answer

Revised 09/01/2018, CN: 10542 page 5 of 13

Other Considerations

Interrogatories

If you receive a list of questions (interrogatories) from the plaintiff, you must answer and return them to

the plaintiff within 30 days. If you do not do so, the court may rule against you by suppressing

(dismissing) your answer. You would then have to file a written motion, advising the court that you

answered the questions and ask the court to reinstate the case and to reaccept your answer. The

restoration fee is $25 if you make the motion within 30 days of the suppression order; after 30 days, the

restoration fee is $75. After 45 days, the court may make the suppression order final and then enter a

default judgment against you without hearing your side of the case.

The defendant can also send a list of interrogatories to the plaintiff. The plaintiff’s complaint could get

dismissed if they don’t answer the interrogatory questions within 30 days as well. For sample

interrogatories see CN 11895 - Model Interrogatories in Special Civil Part Contract and Debt Collection

Cases in Which the Demand Exceeds $3,000 on njcourts.gov.

Settlement Negotiations

The court will likely ask that you attempt to settle your case with the help of a mediator on the day of trial

before the trial begins. You may also wish to contact the plaintiff’s lawyer, or the plaintiff, if the plaintiff

does not have a lawyer, to resolve this dispute on your own prior to your trial date. You do not have to

do this unless you want to. However, negotiating with the plaintiff or the plaintiff’s attorney will not

stop the 35-day period for filing an Answer, unless a written agreement between you and the plaintiff is

reached and filed with the court before the 35-day period ends.

Interpreter or Accommodation

If you need an interpreter or an accommodation for a disability for your trial, please contact the court

before your trial date and check the appropriate space on the Answer form.

Civil - SCP - Answer

Revised 09/01/2018, CN: 10542 page 6 of 13

Instructions for Completing Special Civil Answer (Non-Auto) - Form A

(

DO NOT use this form for cases involving an automobile accident.

If your case is a result of an auto accident, use Form B.)

A. The defendant is you, the person who is being sued, and the plaintiff is the person who is suing you.

B. At the top left of the form under the section labeled Filing Attorney Information or Pro Se Litigant, enter your

name, address, daytime phone number and email address. If you are not an attorney, leave the NJ Attorney ID

field blank.

C. In the section for plaintiff’s information, enter the plaintiff’s name, address and daytime phone number.

Make sure to check the box if the plaintiff’s address and/or phone number have changed since the initial

filing.

D. In the section for defendant’s information, enter the name(s), current address(es) and daytime phone

number(s) of the defendant(s) listed on the complaint.

E. On the right side of the form, enter the County and Docket No. assigned to the case by the court. (You can get

this information from the complaint filed against you.)

F. In the section below Defendant denies owing the debt to the Plaintiff, check the appropriate statement(s)

which set forth why you claim you do not owe the money to the plaintiff (select all that apply); or choose the

box marked “Other” and explain your position.

G. On page 2, indicate if you want a trial by jury. If so, select the appropriate statement - trial by jury requested

or trial by jury requested and I have submitted an application for a fee waiver.

Enclose either a $130 check or money order ($100 for jury and $30 for the Answer filing fee) made payable

to the Treasurer, State of New Jersey or your completed application for a fee waiver. (To file a fee waiver use

packet 11208 - How to File for a Fee Waiver - All Courts, found on our Self Help Center at njcourts.gov).

H. In the section that states At the trial, Defendant requests, advise the court if you need an interpreter and for

what language. Next, indicate if you need an accommodation for a disability and specify the accommodation

needed.

I. In the Certification area, check the applicable box in each section, advising the court of any other pending

actions involving the same parties. Provide information about those other claims or lawsuits (if any), and

advise the court if any other parties should be joined to this lawsuit.

J. IMPORTANT: Carefully review the Certifications made and double check that you have complied with the

Certifications before moving to the next step. This means that you must make sure that you do not need to

bring anyone else into the case or that you advise the Court if another party should be brought into the case.

A frequent example is when a hospital sues a patient for payment of a bill, but the patient believes that the

insurance company should pay the bill instead. The insurance company needs to be brought into the case. If

you are in a situation similar to this example, DO NOT use this kit, instead use packet 11968 - How to

Answer a Complaint in the Special Civil Part With a Counterclaim, Cross-claim and/or Third Party

Complaint.

K. If the Answer (Form A) or any of the copies of papers that you attach to the Answer 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. Once you have confirmed that none of these personal

Civil - SCP - Answer

Revised 09/01/2018, CN: 10542 page 7 of 13

identifiers are on the papers that you are filing, you must sign and date the Certification that indicates “I

certify that 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).”

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.

L. On the line above Dated, clearly print or type the date on which you sign this form, sign your name on the

line above Defendant’s Signature and clearly print or type your name on the line below your signature.

M. If you would like a copy of the documents or papers referred to in the Complaint check the Demand for

Production of Documents box located at the bottom of the form.

Review all steps for completion before mailing your forms.

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.

Filing Attorney Information or Pro Se Litigant:

Name

NJ Attorney ID Number

Address

Telephone Number

Plaintiff’s Name

Superior Court of New Jersey

Street Address Check if new address/phone number

Law Division: Special Civil Part

County

Town, State, Zip Code

Docket Number: DC-

Civil Action

Answer

Telephone Number

vs.

Defendant’s Name

Street Address

Town, State, Zip Code

Telephone Number

Defendant denies owing the debt to the Plaintiff. Check the appropriate statement(s) below which set forth why you claim

you do not owe money to the plaintiff or owe less

than the Plaintiff is claiming.

The bill has been paid.

The dollar amount claimed by the plaintiff(s) is incorrect.

The claim or the amount of the claim is unfair. (

Must explain below)

The goods or services were not received.

The goods or services received were defective.

I/We did not order the goods or services.

I am a victim of identity theft or mistaken identity.

The time has passed for plaintiff to sue on this debt.

This debt has been discharged in bankruptcy.

A lawsuit was previously filed and the claim has been resolved. (Must explain below)

Defendant is in the military

on active duty.

Plaintiff did not file this lawsuit in the proper place. (

Must explain below

)

Other – Set forth any other reasons why you believe money is not owed to the plaintiff(s). (You may attach more

sheets if you need to.)

Revised 09/01/2018, CN 10542 page 8 of 13

Revised 09/01/2018, CN 11637 (Appendix XI-F)

Form A

Save

Clear

ext.

Trial by jury requested; an extra $100 cash, check or money order is submitted.

Trial by jury requested; and I have

submitted an application for a waiver of the $100.00 fee.

At the trial, Defendant requests:

An interpreter

Yes No

Indicate Language

An accommodation for a disability

Yes No

Requested accommodation

Certification

I certify, to the best of my knowledge:

Must check one

that the above matter is not the subject of any other court action or arbitration proceeding now pending or

contemplated, or

that the following actions or arbitration proceedings are pending or contemplated

AND

Must check one

that no other parties should be joined in this action; or

that the following persons or entities should be joined in this action

I certify that confidential 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).

further r certify that this answer was served by me upon all existing parties.

Dated

Defendant’s Signature

Defendant's Name - Typed or Printed

Demand for Production of Documents Pursuant to R. 4:18-2. By checking this box, demand is made for

production of all documents or papers referred to in the pleading for which this answer is provided, within 5 days of

this demand.

Form A

Revised 09/01/2018, CN 10542 page 9 of 13

Revised 09/01/2018, CN 11637 (Appendix XI-F)

Civil - SCP - Answer

Revised 09/01/2018, CN 10542 page 10 of 13

Instructions for Completing Special Civil Answer (Auto Accident) - Form B

(If your case is NOT a result of an auto accident, use Form A.)

A. The defendant is you, the person who is being sued, and the plaintiff is the person who is suing you.

B. At the top left of the form under the section labeled Filing Attorney Information or Pro Se Litigant, enter your

name, address, daytime phone number and email address. If you are not an attorney, leave the NJ Attorney ID

field blank.

C. In the section for plaintiff’s information, enter the plaintiff’s name, address and daytime phone number.

Make sure to check the box if the plaintiff’s address and/or phone number have changed since the initial

filing.

D. In the section for defendant’s information, enter the name(s), current address(es) and daytime phone

number(s) of the defendant(s) listed on the complaint.

E. On the right side of the form, enter the County and Docket No. assigned to the case by the court. (You can get

this information from the complaint filed against you.)

F. In the section below Defendant(s), by way of answer to the complaint, say(s), check the appropriate

statement(s), which set forth as it relates to the auto accident, and use the lines provided to briefly describe

why the accident alleged in the Complaint was not your fault.

G. Indicate if you want a trial by jury. If so, select the appropriate statement - trial by jury requested or trial by

jury requested and I have submitted an application for a fee waiver.