New Jersey small claims limit, fees and rules
New Jersey raised the small claims limit from $3,000 to $5,000, and the Special Civil Part limit from $15,000 to $20,000, on July 1, 2022. The two-tier system lets you pick the simpler small claims procedure up to $5,000 or the regular Special Civil docket, with discovery, up to $20,000.[1][2]
| Rule | New Jersey |
|---|---|
| Dollar limit | $5,000$5,000 or less in the Small Claims Section of the Special Civil Part (Superior Court, Law Division); security-deposit cases also up to $5,000. Claims up to $20,000 go to the Special Civil Part. |
| Court | Small Claims Section, Special Civil Part of the Superior Court |
| Filing fee | Set by court rule; New Jersey Courts publications list $35 or $50 for one defendant plus $5 for each additional defendant, plus service charges. Check the court's current fee schedule. |
| Lawyers | AllowedParties may represent themselves or use a lawyer; a business generally may appear through an authorized representative in small claims. |
| Appeal | Either party may appeal to the Appellate Division within 45 days of judgment. |
| Also note | Limit raised from $3,000 to $5,000 (and the Special Civil Part limit from $15,000 to $20,000) effective July 1, 2022. |
Small claims or Special Civil Part?
The choice depends on the amount and how much evidence you need from the other side. Small claims is faster and informal but has no pretrial discovery; the regular Special Civil docket allows interrogatories and document requests, which matter in a contractor or deposit dispute where the other side holds the records.
- Fees: filing fees are set by court rule and differ between small claims and the regular Special Civil docket, plus a fee per additional defendant and service charges. The court’s own fee schedule is linked in the sources.
- Where to file: the Special Civil Part in the county where the defendant lives or does business, or where the claim arose.
- Appeal: to the Appellate Division within 45 days, on the record.
Deadline to file in New Jersey
Small claims cases have the same filing deadline as any lawsuit: once the statute of limitations runs, the court will dismiss the claim if the defendant raises it.[3][4][5]
| Claim | Deadline | Statute |
|---|---|---|
| Unpaid loan or written contract | 6 years | N.J. Stat. Ann. § 2A:14-1(a) |
| Oral agreement | 6 years | N.J. Stat. Ann. § 2A:14-1(a) |
| Credit card or open account | 6 years | N.J. Stat. Ann. § 2A:14-1(a) |
| Property damage (e.g. fender bender) | 6 years | N.J. Stat. Ann. § 2A:14-1(a) |
See the full New Jersey statute of limitations list for other claims, compare the small claims limit by state if the defendant is elsewhere, and read how to file a claim in small claims court for the general steps. Whether to bring counsel is covered on the small claims attorney page.
Frequently asked questions
What is the small claims limit in New Jersey?
Do I need a lawyer for NJ small claims court?
How long do you have to appeal small claims in New Jersey?
Sources
- N.J. Ct. R. 6:1-2(a)(2): small claims jurisdiction and procedure
- New Jersey small claims: official court self-help
- N.J. Stat. Ann. § 2A:14-1(a): written contract limitation period
- N.J. Stat. Ann. § 2A:14-1(a): oral contract limitation period
- N.J. Stat. Ann. § 2A:14-1(a): property damage limitation period