Small Claims Court in Monmouth County

In Monmouth County, NJ small claims cases are filed in Superior Court. Monmouth County has one Superior Courthouse that handles small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Monmouth Court System.

Small Claims Court

The small claims section is a court where you can take legal action against someone or a business to recover a small amount of money you think they owe you. The process here is much simpler compared to other courts, so you can usually file your case and present it quickly and affordably, often without needing a lawyer.

Small claims is one of three sections within the Superior Court's Special Civil Part, alongside landlord-tenant cases and the regular Special Civil Part. This section specifically handles cases where the amount in dispute is $5,000 or less. If you’re seeking more than that but under $20,000, you would need to file in the regular Special Civil Part. For any claims exceeding $20,000, those must go to the Law Division of the Superior Court.

Keep in mind that if you choose to file a small claim despite having a larger claim, you’re agreeing to forfeit any right to recover the amount above the small claims limit. You won't be able to pursue that additional money in a different lawsuit later on.

Cases Handled

Here are some common types of claims that can be filed in small claims court:

• Breach of a written or oral contract
• Return of money from a down payment
• Property damage from a motor vehicle accident
• Damage to or loss of personal property
• Consumer complaints about defective products or poor workmanship
• Payment for services rendered
• Claims related to bounced checks
• Claims for unpaid rent
• Return of a tenant’s security deposit, up to $5,000

Claims that cannot be filed in small claims court:

Here are some claims that you cannot file in small claims court:

• Claims related to professional malpractice, like those involving doctors, dentists, or lawyers.
• Claims for support or alimony stemming from marital or domestic disputes.

Where to file

• To file a complaint, you need to go to the Office of the Special Civil Part in the county where at least one defendant lives or where their business is based. For businesses, this means the county where they operate or have their registered office.
• If there are multiple defendants, you can file the complaint in any county where one of them resides or operates. If none of the defendants are in New Jersey, then the complaint should be filed in the county where the issue arose.
• Additionally, if you’re filing a complaint for the return of a security deposit, you can do so in the county where the landlord lives or where the rental property is located.

Who can file

To file a complaint in small claims court, you need to be at least 18 years old. If someone under 18 wants to sue, their parent or guardian must file the complaint on their behalf.

Filing a Complaint

To file a small claims complaint in New Jersey, you can find the necessary summons and complaint forms, along with instructions, at any Special Civil Part Office or on njcourts.gov.

You have several options for filing: electronically through the Judiciary Electronic Document Submission (JEDS), by mail, or in person at the appropriate Special Civil Part Office.

When you file your complaint, as the plaintiff, you'll need to:

• Provide your full name, address, and phone number.
• Include the correct name(s) and address(es) of the defendant(s) to ensure proper service. Make sure to identify whether they are individuals, sole proprietorships, partnerships, or corporations.
• State the amount of money you’re claiming.
• Explain why the defendant(s) owe you money.
• Indicate if there are any other ongoing cases involving you and the other party(ies), including the name of the court if applicable.
• Sign and date the completed form.
• Pay the required filing and service fees. If you submit less than the necessary amount, it will be returned to you.

Important: Do not include any confidential personal information, such as full Social Security numbers, driver’s license numbers, or bank account details, unless legally required. If necessary, you can submit only the last four digits of financial account numbers if they are relevant to your case.

Once you file and serve the summons and complaint, all parties involved will be notified of the trial date. If the defendant doesn’t show up for the trial, the court may enter a “default,” allowing the plaintiff to seek a “judgment by default.”

However, you must provide satisfactory proof of the amount owed and demonstrate that the individual defendant is not an active member of the U.S. military; this proof is not required for business defendants. For detailed instructions on applying for a default judgment, you can find a pro se packet at any New Jersey Special Civil Part Office or on njcourts.gov.

If your complaint involves money damages from a motor vehicle accident and the judgment exceeds $500, the defendant must pay within 60 days. If they fail to do so, you can request through the Special Civil Part Office that the New Jersey Motor Vehicle Commission suspend their driving and registration privileges until the judgment is paid.

Interpreter or Accommodation

The Judiciary is committed to providing reasonable accommodations for individuals with disabilities to ensure they can access and participate in court events. If you need assistance, please reach out to your local ADA coordinator to request accommodations. You can find their contact information on njcourts.gov.

Additionally, the New Jersey Judiciary offers court-interpreting services. If you require an interpreter, please inform the court as early as possible. More contact details are available on njcourts.gov.

Filing Fees

Here are the filing fees for complaints in Special Civil court:

• $35 for filing against one defendant.
• $5 for each additional defendant.
• $7 for serving each defendant by certified and regular mail. If a defendant is served personally by a Special Civil Part Officer, there’s a $3 service fee, plus a $7 fee for the officer’s service. For each additional defendant served personally, it’s $5 plus the $7 service fee.
• If you request a jury trial with six jurors, there’s an additional $100 fee.

Make sure to make your check or money order payable to the Treasurer, State of New Jersey.

If you're unable to afford these fees, you can apply to the court to be considered indigent, which may allow the judge to waive your filing fees.

Preparing for Trial

For the Plaintiff

As the plaintiff, it’s your responsibility to prove your case. Make sure to have any witnesses and documents ready for the trial. Keep in mind that written statements, even if sworn, won’t be accepted in court; only live testimony from witnesses about what they saw or heard is allowed. Prepare your questions ahead of time.

Gather all relevant records that can support your claim, such as:

• Canceled checks and money orders
• Sales receipts and bills
• Contracts, estimates, and leases
• Letters and correspondence
• Photographs and other supporting documents

If you manage to settle the case with the defendant before the trial, contact the Special Civil Part Office right away to have the case marked as settled.

For the Defendant

As the defendant, you should prepare your case similarly to how the plaintiff prepares theirs. Ensure you have all necessary witnesses and documents ready for the trial. If you wish to counter-sue the plaintiff, you must file that claim before the trial date; the Special Civil Part Office can assist you with this process.

If the plaintiff fails to attend the trial, the judge may dismiss the case. Conversely, if you do not appear, a default judgment could be entered against you, and you may have to pay the amount claimed by the plaintiff.

If you come to an agreement with the plaintiff before the trial date, be sure to call the Special Civil Part Court immediately to confirm that the case should be marked as settled.

The Day of Trial

On the day of the trial, it’s crucial for the defendant to attend as instructed on the summons, unless the court has provided other notifications. The plaintiff will receive a separate notice from the Special Civil Part Office confirming the same date and time for court. All parties involved must be present unless they hear otherwise from the court. If the court is closed due to bad weather, the trial will be rescheduled.

When you arrive for your trial, the court will facilitate settlement discussions with a trained mediator who will help both plaintiffs and defendants try to reach an agreement. Keep in mind that this mediator is not a judge. If a settlement isn’t possible, efforts will be made to have your case heard by the judge on the same day.

If you’re the plaintiff and win your case, be sure to consult on how to Collect a Money Judgment, which you can find at any New Jersey Special Civil Part Office or on njcourts.gov.

Appeal

Right to Appeal

If you disagree with the court’s final decision, whether you’re the plaintiff or the defendant, you have the right to appeal to the Appellate Division of the Superior Court within 45 days of the judgment. To do this, you need to file the following with the clerk of the Appellate Division at the Richard J. Hughes Justice Complex, PO Box 006, Trenton, NJ 08625:

• Notice of Appeal
• Request for Transcript
• Case Information Statement

You must also deliver copies of these documents to:

• All parties involved in the case who appeared in court
• The Office of the Special Civil Part where the appeal originates
• The judge who made the initial decision

A filing fee of $250 is required when submitting your Notice of Appeal, along with a $300 deposit to the clerk of the Appellate Division within 30 days of your appeal notice. This deposit can cover settlement or court costs if your appeal is unsuccessful, but it will be refunded if you win.

You’ll also need to obtain a transcript of the trial. Request this from the Office of the Special Civil Part in the county where your case was heard. You'll need to deposit the estimated cost of the transcript as determined by the court reporter or agency preparing it, or a flat $300 for each day (or part of a day) of the trial. Make sure to file three copies of the transcript with the clerk of the Appellate Division.

If you have any questions regarding the appeal process, you can reach out to the clerk of the Appellate Division at 609-815-2950 or consult an attorney.

Money after Judgment

Contacting the Judgment Debtor

• As the judgment creditor, you should reach out to the person who owes you money to discuss payment arrangements. Payments can be made right after the court hearing or set up according to a mutually agreed schedule.

Court Assistance in Collection

• If you don’t receive payment voluntarily, the court offers various methods to help you collect the owed amount. You can find detailed information about these collection methods in forms available at any New Jersey Special Civil Part Office.

No Guarantee of Payment

• Keep in mind that while the court can assist with collection efforts, it cannot guarantee that the judgment debtor will pay you.

Forms and Instructions

• You can access various forms for different collection methods at New Jersey Special Civil Part Offices. For those representing themselves, complaint and answer packets with detailed instructions are also available both at these offices and online at njcourts.gov.

Writ

A writ of execution is a court document that authorizes a special civil part officer to collect money from a judgment debtor’s bank account or personal property. However, real estate cannot be used to satisfy debts in the Special Civil Part.

Seizing a Motor Vehicle

To seize a vehicle, you must prove that it is registered in the debtor's name. You will need one of the following:

• A certified copy of the vehicle title, or
• A certified lien search from the New Jersey Motor Vehicle Commission. It's important to check whether the debtor has an outstanding loan on the vehicle, as this will affect whether there's any value or equity to be collected.

Other Items for Collection

In addition to vehicles, other items that can be seized include:

• Office or sports equipment
• Household items
• Jewelry
• Clothing

The debtor is allowed to keep up to $1,000 worth of personal property and clothing. If their total personal property is valued at $1,000 or less, the special civil part officer cannot use this method to satisfy your judgment.

Bank Levy (Taking Funds from a Bank Account)

To initiate a bank levy, you should use the packet titled How to File a Motion to Turn Over Funds. You can request a special civil part officer to collect money from the debtor’s bank account if the account is held in New Jersey. However, keep in mind that special civil part officers are not obligated to locate the debtor's bank accounts. You will need to provide:

• The name of the bank
• The bank's address
• The last four digits of the account number, if possible

Do not give the Special Civil Part Office the debtor’s full financial account number; provide it directly to the officer if necessary.

Once the special civil part officer levies the account, the funds are frozen. You must then file a Motion to Turn Over Funds with the court and serve copies to both the debtor and the bank. If the court approves your motion, the judge will sign an order for the special civil part officer to deliver to the bank.

The officer will withdraw the funds from the bank, deposit them into an official business trust account, and send a check to you or your attorney by the 15th day of the following month.

Execution Against Wages (Garnishing a Debtor’s Salary)

To initiate a wage execution, use the packet titled How to File a Wage Execution.

As the judgment creditor, you can request to garnish a debtor’s wages if they work in New Jersey and earn more than $217.50 per week. To begin this process, you must send a Notice of Application for Wage Execution to the debtor using both regular and certified mail. You’ll also need to file a copy of the application along with a statement detailing how you mailed it to the debtor with the Office of the Special Civil Part in the county where the case was heard.

If the debtor contests the wage execution, the court will schedule an immediate hearing. If the debtor does not object or if the court dismisses the objection, the court will order the wage execution to be delivered to the debtor’s employer by a special civil part officer.

The employer will then withhold a portion of the debtor’s wages and send that amount directly to the officer. The officer will take a 10% commission from the amount collected and send the remainder to you.

Subpoena

• Purpose: An information subpoena is designed to help you discover where a judgment debtor holds bank accounts, what property they own, or where they are employed, particularly when this information is not readily available.
• Obtaining the Subpoena: You can obtain an information subpoena from any New Jersey Special Civil Part Office or download it online at njcourts.gov.
• Serving the Subpoena: Serve the debtor with both an original and a copy of the subpoena. You can do this in person or by registered/certified mail with a return receipt requested, along with regular mail. Be sure to include a self-addressed, postage-paid envelope for the debtor’s response.
• Response Time: The debtor must respond within 14 days of being served. If they fail to respond, this may result in court sanctions for contempt.
• Frequency: You can only serve an information subpoena once every six months without needing court approval.
• Enforcement: If the debtor does not fully respond within 21 days, you can apply to the court for an order to subpoena banks, employers, or other entities that may hold the debtor's funds or assets.
• Additional Steps: Subsequent subpoenas should be served in the same manner. Non-compliance from the recipients may lead to enforceable court sanctions.
• Resources: For guidance on enforcing litigants' rights, self-represented litigants can refer to How to File a Motion to Enforce Litigants Rights, available at any Special Civil Part Office or online at njcourts.gov.

Discovery

Purpose: The Court Order for Discovery enables you to petition the court to compel the debtor or others with knowledge of the debtor's assets to provide information regarding those assets at a specified time and place, detailing the amount owed on a judgment.

• Filing Process:
  1. File a petition with the court that specifies the judgment amount.
  2. Request the issuance of a discovery order.
• Service of Order:
  1. Serve a copy of the discovery order to the debtor or relevant individuals.
     • This can be done personally or via registered/certified mail with a return receipt requested, along with regular mail.
  2. Ensure the debtor receives the order at least 10 days before the scheduled appearance date.
• Appearance Requirement:
  • The debtor or named individuals must comply with the order by appearing at the specified time and place to provide information about the debtor’s assets.
• Non-Compliance Consequences:
  • If the debtor fails to comply with the court order—by not appearing or not providing the required information—this may result in contempt sanctions, which are enforceable by the court.

Collect an Out-of-State Judgment

• Full Faith and Credit:
  • According to Article 4 of the U.S. Constitution, out-of-state judgments are recognized and enforceable in New Jersey. To enforce such a judgment, you must docket it with the Clerk of the Superior Court in Trenton. This creates a lien on any real estate the debtor owns in New Jersey.
• Sheriff’s Office:
  • For collection efforts beyond real estate—such as seizing personal property or bank accounts—you should contact the Sheriff’s Office in the county where the debtor holds assets.
• Special Civil Part:
  • If the judgment amount is $20,000 or less, file a complaint along with an exemplified copy of the out-of-state judgment at the Special Civil Part Office in the county where the debtor resides or is located. The office will provide information on applicable fees and further procedures.
• Execution:
  • Follow the guidelines from the Special Civil Part Office to execute the judgment and collect the owed amount. This may include methods like wage garnishment, bank levies, or seizing personal property.

Settlement and Satisfaction of Judgment

Settlement Before Trial

If a case is settled before going to trial, the plaintiff must file a Stipulation of Dismissal with the Special Civil Part. This document officially ends the case without the need for a trial.

• Filing Process: The stipulation should be submitted to the court where the case was originally filed, indicating that both parties have reached a settlement agreement.

Satisfaction of Judgment

After a judgment is paid—whether through voluntary payment or enforcement actions (like wage garnishment or property seizure)—the plaintiff is responsible for filing a Warrant of Satisfaction with the Special Civil Part Court.

• Purpose: This document formally acknowledges that the judgment has been satisfied and is no longer outstanding. It ensures that court records accurately reflect the resolution of the case.

Importance of Procedures

These procedures are crucial for properly concluding legal matters in New Jersey’s Special Civil Part. They ensure that court records are updated and that all parties involved are informed of the case's resolution, whether through a settlement before trial or the fulfillment of judgments via payment or enforcement actions.

Courthouses Location:

Monmouth County Courthouse

71 Monument Street
Freehold, New Jersey 07728
(732) 358-8700
https://www.njcourts.gov/courts/vicinages/monmouth

BUILDING HOURS

• Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.

Let Squabble Help You With Your Small Claim at Monmouth County

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