Posts tagged with "Small Claims Court"

HOW TO FILE A SMALL CLAIMS LAWSUIT IN NEW JERSEY

Small Claims Court

Small claims are lawsuits for $3,000 or less. Renters can file for a return of a security deposit of $5,000 or less in small claims court.

Examples of small claims:

  • A person or company failed to comply with a written or oral contract.
  • Your car was damaged in an accident.
  • You paid money as a down payment and want it returned .
  • Your property was damaged or lost.
  • You bought a product that doesn’t work.
  • Work you paid for was faulty or not completed.
  • You want to be paid for work you did.
  • Someone wrote you a bad check.
  • You gave a landlord a security deposit that was not returned. NOTE: The limit for security deposit returns is $5,000 in small claims court.

How Do I Prepare For A Small Claims Hearing?

You should gather any documentation (evidence) to show the Judge or arbitrator that you are not responsible (liable) for the wrong the Claimant is complaining about. A good way to think about evidence is to treat it as the tool for building the steps in your story. The evidence you bring to court illustrates your side of the story. It establishes the proof of your defense. The following items are all acceptable forms of evidence:

  • Written contracts
  • Letters
  • Leases
  • Emails
  • Receipts
  • Recordings
  • Canceled checks
  • Money orders
  • Warranties
  • Advertisements
  • Estimates in writing
  • Damaged object(s)
  • Articles of clothing
  • Other written documents
  • Or any such evidence that proves you are not responsible

What is small claims court?

Small Claims Court, often referred to as the “People’s Court,” is a place to get relatively quick and simple resolution of a civil (not criminal) dispute without the need for a lawyer. The claim cannot exceed $5,000 and must be for money only (not, for example, to force someone to fix a damaged item, or for pain and suffering).

These are typical types of Small Claims Court cases:

• Breach of a contract, lease, warranty or agreement

• Bounced or stopped check

• Loss of luggage, property, time from work, or use of property