Revised 06/13/2018, CN 10151 page 1 of 9
CIVIL - SCP
Small Claims
Non-Motor Vehicle
Updated June 2018
How to Sue for Up To $3,000 in Small Claims Court
Non-Motor Vehicle Case
Small Claims Complaint and Summons
Contract/Tort Cases Only
Who Should Use This Packet?
You
can use this packet if a person or company owes you up to $3,000 and you want to ask the court to order
them to pay. You can also use this packet if you gave a landlord security deposit and it was not returned; in such
circumstances, at its discretion, the court could award a
total amount not to exceed $5,000. This packet cannot
be used if your case involves a motor vehicle accident
. Some reasons you might sue a person or company:
a person or company failed to comply with a written or oral contract;
you paid money as a down payment and want it returned;
your property was damaged or lost;
merchandise you bought is defective;
work you paid for was faulty or not completed;
you want to be paid for work you did;
someone wrote you a bad check;
you gave a landlord a security deposit
that was not returned; at its discretion, the court could award an amount
not to exceed $5,000.
You
cannot use this form for:
a malpractice claim against a doctor, dentist, or lawyer, or other professional;
a claim for child support or alimony;
a claim arising from a probate matter, a prerogative writ action or a claim for equitable relief;
or a motor vehicle accident case in Small Claims Court (ask for a special packet for that type of case).
Note:
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.
Civil SCP - Small Claims Non-Motor Vehicle
Revised 06/13/2018, CN 10151 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 any special
treatment, help, or attention from the court. 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
Make and keep copies of all completed forms
and documents related to your case.
Civil SCP - Small Claims Non-Motor Vehicle
Revised 06/13/2018, CN 10151 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.
Civil SCP - Small Claims Non-Motor Vehicle
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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. NOTE: A complaint for the return of
a security deposit may be filed in the county
where the landlord lives or where the landlord’s
property is located.
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.
Civil SCP - Small Claims Non-Motor Vehicle
Revised 06/13/2018, CN 10151 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.
Civil SCP - Small Claims Non-Motor Vehicle
Revised 06/13/2018, CN 10151 page 6 of 9
Instructions for Completing Form A
Small Claims Complaint - Contract or Tort
A. Fill in the required information at the top of the form. In the section below the Docket No., check the one
item that applies to your type of claim:
Contract: Your case involves a written or oral agreement between you and another person or company.
Security Deposit: You want to recover the money you gave a landlord to secure a place for you to lease.
Rent Owed: You are a landlord trying to collect the money owed to you by a tenant.
Tort other than a motor vehicle: You are asking to be paid for injuries to you or your property resulting
from an event other than a motor vehicle accident.
NOTE: You cannot use this packet if you are asking to be paid for injuries to you or your property
resulting from a motor vehicle accident. You can obtain a motor vehicle packet from the court.
B. In the section labeled Complaint, type or print the amount of money you believe you are owed after the wor
d
Demand. In the blank spaces in the center of the complaint, you must explain the reasons you are suing the
Defendant in detail. (Note: You may attach more sheets if you need to.)
Some reasons you might sue a person or company are:
a person or company did not comply with a written or oral contract;
you paid money as a down payment and want it returned;
your property was damaged or lost;
merchandise you bought is defective;
work you paid for was faulty or not completed;
you want to be paid for work you did;
someone wrote you a bad check;
you gave a landlord a security deposit that was not returned.
C. Complete the information regarding interpreters or accommodation for a disability.
D. 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 financia
l
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.
E. Date and sign the form.
IMPORTANT NOTE:
You cannot sue in Small Claims Court for a malpractice claim against a doctor, dentist, lawyer or other
professional. You cannot sue in Small Claims Court or in Special Civil Part for:
a claim for child support and/or alimony
a claim arising from a probate matter, such as a will.
SMALL CLAIMS COMPLAINT (Contract, Security Deposit, Rent, or Tort)
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:
Name
NJ Attorney ID Number
Address
Superior Court of New Jersey
Telephone Number
Law Division, Special Civil Part
Small Claims Section
County
Docket No:
From Plaintiff
(to be provided by the court)
Name
Civil Action
Complaint
Address
Telephone Number
To Defendant
Check One:
Name
Contract
Address
Security Deposit
Rent
Telephone Number
Personal Injury or Property Damage (other than
motor vehicle)
COMPLAINT
Demand: $ plus costs. Type or print the reasons you, the Plaintiff(s), are suing the Defendant(s):
Attach additional sheets if necessary.
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 confidential personal identifiers h
ave 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
page 7 of 9 Revised 06/13/2018, CN 10151
Revised 09/04/2012, CN 10532 (Appendix XI-C)
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CIVIL – SCP - Small Claims Non-Motor Vehicle
Revised 06/13/2018, CN 10151 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
t
elephone 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 y
ou
a
re 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:
WM
WF
BM
BF
OTHER
HT
WT
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 9 Revised 06/13/2018, CN 10151
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