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How to Answer a Complaint in the Special (NJ Judiciary)

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Published 09/01/2018, CN 11968 page 1 of 9
Civil - SCP - Answer With a Counterclaim, Cross-claim and/or Third Party Complaint
Published September 1, 2018
How to Answer a Complaint in the Special Civil Part with a Counterclaim,
Cross-claim and/or Third Party Complaint
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 wish to file a
counterclaim, cross-claim, and/or a third party complaint to join other parties to this lawsuit
(definitions of these terms appear on page
3). 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.
Note
: If you are NOT filing a counterclaim against the plaintiff or a claim against any other person, you should use
packet
10542 - How to Answer a Complaint in the Special Civil Part.
General Requirements:
1.
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 the appropriate filing fee, or if
you cannot afford the filing 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.)
a. The filing fee for an Answer with a Counterclaim, Cross-claim and/or Third Party Complaint alleging damages
for $3,000.00 or less is $50.00 and an additional $5.00 for each additional third party defendant.
b. The filing fee for an Answer with a Counterclaim, Cross-claim and/or Third Party Complaint alleging damages
for more than $3,000.00 is $75.00 and an additional $5.00 for each additional third party defendant.
c. If your Answer includes a Third Party Complaint, you have to pay an additional $7.00 service fee for each
additional third party defendant (each new defendant you are adding).
2.
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.
3.
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.
4.
Each person being sued must file his or her own Answer.
5.
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 With a Counterclaim, Cross-claim and/or Third Party Complaint
Published 09/01/2018, CN 11968 page 2 of 9
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 With a Counterclaim, Cross-claim and/or Third Party Complaint
Published 09/01/2018, CN 11968 page 3 of 9
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.
Co-Defendant - A co-defendant is another defendant who has been sued by the plaintiff in the Complaint.
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.
Civil - SCP - Answer With a Counterclaim, Cross-claim and/or Third Party Complaint
Published 09/01/2018, CN 11968 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 Answer Containing a Counterclaim, Cross-claim or
Third Party Complaint in the Special Civil Part
STEP 1: Fill out the Answer with Counterclaim,
Cross-claim and/or Third Party Complaint form
(Form A)
Fill out the Answer with Counterclaim, Cross-claim
and/or Third Party Complaint, 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 and why someone
else is responsible. Detailed instructions on how to
fill out the Answer can be found on page 6.
STEP 2: Attach the filing fee
Attach your check or money order made 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 with
Counterclaim, Cross-claim and/or Third Party
Complaint
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 with Counterclaim, Cross-claim and/or
Third Party Complaint (Form A)
Filing fee 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, the plaintiff and
any co-defendants or third party defendants
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.
If your Answer contains a Third Party Complaint, you
must complete the DC Summons (Appendix XI-A (1))
form. That form is available on our website at
www.njcourts.gov/forms/11808_dc_summons.pdf.
Copies of the Summons, your Answer and Third Party
Complaint will be sent to the newly added parties by
the Court.
• 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 (and other parties) 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 With a Counterclaim, Cross-claim and/or Third Party Complaint
Published 09/01/2018, CN 11968 page 5 of 9
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 With a Counterclaim, Cross-claim and/or Third Party Complaint
Published 09/01/2018, CN 11968 page 6 of 9
Instructions for Completing Special Civil Answer with a Counterclaim, Cross-claim
and/or Third Party Complaint (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. Select the appropriate box(es) to indicate if you are filing a Counterclaim, Cross-claim and/or Third Party
Complaint (select all that apply).
G. 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.
H. On page 2, check the appropriate box(es) and provide a statement of facts as to why the plaintiff(s) and/or
named defendant(s) and/or third party defendant(s) are at fault.
In the Defendant’s Demand section (if applicable), provide the demand amount (how much you think they
owe you) and the address of the third party defendant(s).
I. 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 check or money order for the correct amount (jury fee, Answer fee, service fee - see page 1)
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).
J. 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.
K. 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.
L. 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.
Civil - SCP - Answer With a Counterclaim, Cross-claim and/or Third Party Complaint
Published 09/01/2018, CN 11968 page 7 of 9
M. 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
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.
N. 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.
O. 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.
Form A
Published 09/01/2018, CN 11968 page 8 of 9
Published 09/01/2018, CN 12302 (Appendix XI-Z)
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.
AND
Defendant’s Name
Counterclaim
Street Address
Cross-claim
Third Party Complaint
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.)
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ext.
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ext.
Form A
Published 09/01/2018, CN 11968 page 9 of 9
Published 09/01/2018, CN 12302 (Appendix XI-Z)
I have a claim against the plaintiff(s). [Counterclaim]
I have a claim against another defendant(s). [Cross
-claim]
have a claim against the following 3rd party (new party) [Third Party Complaint
]:
You must provide a statement of facts below as to why the plaintiff(s) and/or named defendant(s) and/or third party
defendant(s) are at fault:
(You may attach additional sheets if necessary)
Defendant's Demand:
I have a claim and demand judgment for $
, plus interest, costs, attorney fees, if any, and such other
relief as the court deems proper.
Name of Third Party Defendant(s)
;
Street Address
Town, State, Zip Code
Telephone Number
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). I further 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.
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How to Answer a Complaint in the Special (NJ Judiciary)

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