Small claims court in New Jersey (2026)
In New Jersey you can sue for up to $5,000 in small claims. Court: Small Claims Section, Special Civil Part, Law Division of the Superior Court. Lawyers: allowed. Appeal: either side, 45 days. For a broken written agreement you generally have 6 years to sue. Last checked .
New Jersey small claims at a glance
- Most you can sue for
- $5,000
- Court
- Small Claims Section, Special Civil Part, Law Division of the Superior Court
- Filing fee
- $35
- Lawyers
- Allowed
- Appeal
- Either side, 45 days
- Ask for payment first
- Not required by law
Can you sue in New Jersey small claims?
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New Jersey small claims limit
$5,000
Enter the amount to compare it with the limit.
The rule: Claims for money up to $5,000, including return of a tenant's security deposit up to $5,000. If you sue in small claims for more, you give up the excess and cannot claim it later. Professional malpractice, support/alimony and probate claims cannot be filed. Claims from $5,000 to $20,000 go to the regular Special Civil Part.
Deadline to sue (general rule)
6 years for this kind of claim in New Jersey. Enter the date it happened to see the last day.
Contract actions (written or oral): 6 years. Damage to real or personal property: 6 years. Personal injury: 2 years. Sale-of-goods contracts follow the UCC 4-year rule.
Lawyers: Lawyers may represent either side.
Before you file: The official guides do not require a demand before filing. On the trial date the court offers a settlement conference with a trained neutral person before the judge hears the case.
Appeal: Either party may appeal to the Appellate Division of the Superior Court within 45 days from the date the final decision is rendered, by filing a Notice of Appeal, a transcript request and a Case Information Statement. The fee is $250 plus a $300 deposit within 30 days. You must convince the appeals court that the judge made a mistake, using the official transcript.
Filing fee: Statewide: $35 to sue one defendant plus $5 for each additional defendant. Service by certified and regular mail costs $10 per defendant (the brochure lists $7); personal service by a Special Civil Part Officer adds $3 plus $7. Fees may be waived for low-income filers.
The deadline shown is the general statute of limitations counted from the date you entered. The real deadline can be later (for example when the problem was discovered later or the other side left the state) or earlier (a contract can shorten it, and claims against a government agency often need a written notice first, on a much shorter clock). If you are close to it, file now or ask a legal aid office. This is legal information, not legal advice.
Where to file and how much
- Court. Small claims are filed with the Special Civil Part office in the county where at least one defendant lives or where a business defendant does business or has its registered office. If no defendant is located in New Jersey, file in the county where the claim arose.
- Limit. Claims for money up to $5,000, including return of a tenant's security deposit up to $5,000. If you sue in small claims for more, you give up the excess and cannot claim it later. Professional malpractice, support/alimony and probate claims cannot be filed. Claims from $5,000 to $20,000 go to the regular Special Civil Part. (in force since July 1, 2022)
- Filing fee. Statewide: $35 to sue one defendant plus $5 for each additional defendant. Service by certified and regular mail costs $10 per defendant (the brochure lists $7); personal service by a Special Civil Part Officer adds $3 plus $7. Fees may be waived for low-income filers.
Who can sue and who can speak in court
- Parties may use a lawyer, but most people file and present small claims without one. Under R. 6:11 an authorized officer or employee (not a suspended or disbarred attorney) may prosecute or defend for a business entity only claims that originated with that entity and are not held by transfer or assignment, so an assignee entity must appear through a lawyer. Plaintiffs must be 18 or older; a parent or guardian files for a minor.
- Before you file. The official guides do not require a demand before filing. On the trial date the court offers a settlement conference with a trained neutral person before the judge hears the case.
- Jury and moving the case. No jury in the Small Claims Section itself, but the defendant may demand a jury by filing and serving a demand and paying the fee at least 5 days before the return day of the summons; the clerk then transfers the case to the regular Special Civil Part. The jury fee for six jurors is $100. A counterclaim over $5,000 also moves the case to the Special Civil Part.
How long you have to sue in New Jersey
The general statute of limitations, counted from the day the agreement was broken or the damage happened. Contract actions (written or oral): 6 years. Damage to real or personal property: 6 years. Personal injury: 2 years. Sale-of-goods contracts follow the UCC 4-year rule.
| Kind of claim | Time to sue |
|---|---|
| Written contract | 6 years |
| Oral (spoken) agreement | 6 years |
| Damage to property | 6 years |
| Personal injury | 2 years |
Law: N.J.S.A. 2A:14-1 (contract, property), 2A:14-2 (personal injury), 12A:2-725 (sale of goods); NJ Courts FAQ on statutes of limitations
After the hearing: appeals and collecting
- Who can appeal
- Either side can appeal.
- Kind of appeal
- Review of the record (no new trial)
- Deadline
- Either party may appeal to the Appellate Division of the Superior Court within 45 days from the date the final decision is rendered, by filing a Notice of Appeal, a transcript request and a Case Information Statement. The fee is $250 plus a $300 deposit within 30 days. You must convince the appeals court that the judge made a mistake, using the official transcript.
- Collecting the money
- The court will try to help but cannot guarantee payment. A judgment creditor may get a writ of execution ($35) so a Special Civil Part Officer can levy bank accounts (followed by a motion to turn over funds) or personal property, or seek a wage execution if the debtor earns more than $217.50 a week. A Statement for Docketing ($35) makes the judgment a lien on the debtor's New Jersey real estate.
Good to know in New Jersey
- Separate filing kits exist for motor vehicle cases (CN 10148), non-motor vehicle cases (CN 10151) and security deposit cases.
- The court mails the complaint and summons to the defendant; you must give a correct address.
- Written witness statements are not accepted; witnesses must testify in person.
- Filing can be done online through JEDS, by mail, or in person.
Official help and forms
- New Jersey courts: small claims self-help
- New Jersey small claims forms
- Write a demand letter before you file (free, stays in your browser)
Sources
- NJ Courts - Lawsuits $5,000 or less (Small Claims) (read October 18, 2026)
- NJ Judiciary Small Claims FAQ (CN 11482, rev. 05/2025) (read October 18, 2026)
- NJ Judiciary Special Civil Part FAQ (CN 11481, rev. 05/2025) (read October 18, 2026)
- NJ Judiciary Small Claims brochure (CN 10290) (read October 18, 2026)
- Notice and Order: Increase in Special Civil Part Jurisdictional Limits (R. 6:1-1, 6:1-2), eff. July 1, 2022 (read October 18, 2026)
- NJ Courts FAQ - What is the statute of limitations for my case? (read October 18, 2026)
- Official source (verifier) (read October 18, 2026)
Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.
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