How to File a Small Claim in Bergen County

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New Jersey’s Bergen County small claims court is a section of the Special Civil Part of the Superior Court. It has two more sections – the regular Special Civil Part and the Landlord/Tenant Part. In New Jersey, the small claims courts have the jurisdiction to handle cases only where the monetary demand for damages is below $ 3000, or $ 5000, when the demand is related to returning of the security deposit of a tenant.

 

The Bergen County small claims court has the authority to entertain the following claims:

  • Work Payment
  • Loss/damage of property
  • Damages due to motor vehicle accident
  • Consumer complaints related to defective goods or products
  • Breach of contract, either in oral or written form
  • Claims related to pending house rent
  • Refunding of tenants security deposit
  • Return of down payment

 

The claim has to be filed in the office of the County Court, where the defendant actually lives or where his business is based. The claim can either be filed where the defendant actually works and conducts his business or at the place where his business is registered. If neither place falls under the jurisdiction of New Jersey, the claim has to be filed at the place where the incident took place.

 

To file a small claim’s case, a person has to attain the minimum age of 18 years. In case he is a minor, the complaint has to be filed by a guardian. The claim must be filed in a small claims complaint form, which is available with the Clerk of the office of the Special Civil Part of the court. A special packet with detailed instructions for litigants who would be fighting the case themselves is available online. However, if you are looking for some professional help, you can find an attorney using the online New Jersey Lawyers’ Directory.  

 

It takes usually 15 dollars to file a claim against one defendant and 2 dollars for each extra defendant. The claim once filed has to be sent to the defendant via either certified mail or registered mail. A 7-dollar fee is necessary if a court officer serves the claim notice. You can find more information regarding filing small claims in New Jersey at http://www.judiciary.state.nj.us/civil/civ-02.htm.

 

If you believe you have been wrongly accused and the litigant owes you money, you must file a counterclaim following the same procedures well before the trial date.