What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in New Jersey. Keep in mind that rules and laws change. It’s always a good idea to confirm the rules with the court or with further research.
Maximum Jurisdictional Dollar Amount: The maximum dollar amount is $3,000.
Where Suit May Be Brought: Case may be brought where the defendant resides. Nonresident defendants may be sued where breach or injury occurred.
Proper Manner of Service of Process upon Defendant: Service may be made by certified mail, sheriff, sergeant-at arms, court- approved adult, or Officers of the Special Civil Part.
How the Hearing Date Is Selected: The hearing date is set by the court.
Attorney Representation Rule: Attorneys are allowed.
Special Provisions Regarding Transfer or Jurisdiction of Cases: If defendant requests a jury trial or counterclaims for more than $2000, the case shall be tried under regular civil procedure of Civil Part.
Availability of Appeals: Either litigant may appeal for a review of law but not of the facts to Appellate Division of Superior Court within 45 days.
Special Rules and Notes: Only contract, property damage caused by motor vehicles and landlord-tenant security deposit cases. Right to sue may not be transferred. Jury trials are available by written demand or court order.
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Michael Spadaccini is the author of 8 books on self-help legal matters such as, Ultimate LLC Compliance Guide: Covers All 50 States (Ultimate Series), Ultimate Book of Forming Corps, LLCs, Partnerships & Sole Proprietorships, and Ultimate Guide to Forming an LLC in Any State, Second Edition (Ultimate Series).
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