A Small Claims complaint form and accompanying instructions, is available in any New Jersey Special Civil Part Office and is available on the Internet at njcourts. The summons and complaint can be filed through the mail or in person at the appropriate Special Civil Part Office (See “Where Do I File a Complaint”).
You start a lawsuit by filing a complaint. In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit.
The time it takes for a small claims court case to be heard in New Jersey can vary depending on the county you're in and the complexity of your case. However, you can expect the process to take several months, between 3 to 6 months on average.
Generally, you can present your case without an attorney, unless you are a corporation, in which case you must be represented by counsel or your case will be dismissed.
To file suit, you must fill out a Statement of Claim and Notice form. Get this from the Small Claims Clerk in your district. Your claim may be filed in person or by mail. However, when the papers are sent by mail to the clerk, the action is not commenced until the papers are actually received.
Filing a Lawsuit (Plaintiffs) When filing a lawsuit, you need to complete the packet “How to File a Complaint in the Superior Court of New Jersey Law Division – Civil Part”. The packet includes instructions for filing and the complaint form. The complaint needs to name the party or parties you are filing against.
Before the creditor starts court action by sending you a claim form they should send you a letter of claim. The pre-action protocol sets out what the letter of claim should include. The letter should tell you the amount of the debt and whether interest is being added.
To file suit, you must fill out a Statement of Claim and Notice form. Get this from the Small Claims Clerk in your district. Your claim may be filed in person or by mail. However, when the papers are sent by mail to the clerk, the action is not commenced until the papers are actually received.