New Jersey Tax Court - Small Claims Handbook

State:
New Jersey
Control #:
NJ-SKU-0790
Format:
PDF
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Description

Tax Court - Small Claims Handbook

The New Jersey Tax Court — Small Claims Handbook is a comprehensive guide on the procedures and processes of filing, litigating, and settling small claims in the New Jersey Tax Court. It provides a step-by-step explanation of the process, from filing a complaint to requesting a trial date to post-trial motions and appeals. It also contains information on the types of claims that may be brought before the Tax Court, as well as the applicable statutes and rules of practice and procedure. There are three types of New Jersey Tax Court — Small Claims Handbooks available: the Initial Claim Handbook, the Closure Handbook, and the Appellate Handbook. Each handbook serves to provide guidance on the procedure of the Tax Court and what to expect throughout the process.

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FAQ

Consumers also have the option to file a complaint in the Special Civil Part-Civil, where the claim limit in that section is $20,000. hoW muCh Does it Cost? The cost of filing in Small Claims Court is $35.00 if you are filing a case against one defendant, and $5.00 more for each additional defendant.

All trials, hearings of motions and other applications, first appearances, pretrial conferences, arraignments, sentencing conferences (except with members of the probation department) and appeals shall be conducted in open court unless otherwise provided by rule or statute.

You don't have an unlimited amount of time to file a claim. You'll have to bring it within the statute of limitations period for your particular case. For example, the New Jersey statute of limitations periods is six years for contracts and property damage cases, and two years for personal injury matters.

Small claims are lawsuits for $5,000 or less. Renters can file for a return of a security deposit of $5,000 or less in small claims court.

Every motion shall state the time and place when it is to be presented to the court, the grounds upon which it is made and the nature of the relief sought, and, as to motions filed in the Law Division-Civil Part only, the discovery end date or a statement that no such date has been assigned.

Rule -2. When a party against whom affirmative relief is sought has failed to appear, plead or otherwise defend as provided by law or these rules, or has failed to appear at the time fixed for trial, or if the party's answer is stricken on order of the court, the clerk shall enter the party's default.

Personal service of process within this State may be made by Special Civil Part Officers and such other persons authorized by law to serve such process as the Assignment Judge designates. Persons so designated shall receive in payment for their services the fees allowed therefor by statute.

(a) Generally. An application to the court for an order shall be by motion, or in special cases, by order to show cause. A motion, other than one made during a trial or hearing, shall be by notice of motion in writing unless the court permits it to be made orally.

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New Jersey Tax Court - Small Claims Handbook