CIVIL - SCP Small Claims - $3,000 Limit Auto Updated November 2007 HOW TO USE THIS ONLINE This form can be filled out on your screen, saved to your local drive, and printed out on your local printer or it can be printed out on your local printer for completion by hand or typewriter. The information you enter is NOT submitted electronically. American LegalNet, Inc. www.FormsWorkflow.com Small Claims - $3,000 Limit Auto HOW TO SUE FOR UP TO $3,000 IN SMALL CLAIMS COURT - MOTOR VEHICLE CASE (SMALL CLAIMS COMPLAINT AND SUMMONS - MOTOR VEHICLE CASES ONLY) WHO SHOULD USE THIS PACKET? This packet must be used only if your case involves a motor vehicle accident and you want to file a complaint in Small Claims Court. You can use this packet if a person or company owes you up to$3,000 from a motor vehicle accident and you want to ask the court to order them to pay. NOTE: If you believe you are entitled to more than $3,000 but you still wish to sue in Small Claims, you give up your right to recover damages over $3,000. The additional money cannot be claimed later in a separate lawsuit. You must be at least 18 to file your claim. If you are under 18, your parent or guardian has to file the claim for you. Note: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-represented litigants. The guides, instructions, and forms will be periodically updated as necessary to reflect current New Jersey statutes and court rules. The most recent version of the forms will be available at the county courthouse or on the Judiciary’s Internet site (www.njcourtsonline.com). However, you are ultimately responsible for the content of your court papers. Completed forms are to be submitted to the county where you are filing your case. A list of addresses to locate the appropriate Superior Court Office to file your papers is provided at the end of this packet. Revised 11/2007, CN 10148 - English (How To Sue For UP To $3,000 In Small Claims - Motor Vehicle) page 2 of 13 American LegalNet, Inc. www.FormsWorkflow.com Small Claims - $3,000 Limit Auto THINGS TO THINK ABOUT BEFORE YOU TRY TO REPRESENT YOURSELF IN COURT TRY TO GET A LAWYER The Small Claims Section is a court in which you may sue someone (the defendant) to collect a small amount of money that you believe is owed to you. Because procedures in Small Claims are simpler than in other sections of the court, people usually can file and present their cases relatively quickly and inexpensively, and often without an attorney. WHAT YOU SHOULD EXPECT IF YOU REPRESENT YOURSELF While you have the right to represent yourself in court, you should not expect special treatment, help or attention from the court. The following is a list of some things court staff can and cannot do for you. Please read it carefully before asking court staff for help. í í í í í í í í í í We can explain and answer questions about how the court works. We can tell you what the requirements are to have your case considered by the court. We can give you some information from your case file. We can provide you with samples of court forms that are available. We can provide you with guidance on how to fill out forms. We can usually answer questions about court deadlines. We cannot give you legal advice. Only your lawyer can give you legal advice. We cannot tell you whether or not you should bring your case to court. We cannot give you an opinion about what will happen if you bring your case to court. We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. í We cannot talk to the judge for you about what will happen in your case. í We cannot let you talk to the judge outside of court. í We cannot change an order issued by a judge. KEEP COPIES OF ALL PAPERS Make and keep copies of all completed forms and documents related to your case. Revised 11/2007, CN 10148 - English (How To Sue For UP To $3,000 In Small Claims - Motor Vehicle) page 3 of 13 American LegalNet, Inc. www.FormsWorkflow.com Small Claims - $3,000 Limit Auto DEFINITIONS OF WORDS USED IN THIS PACKET Breach of Contract: A breach of contract is a failure to perform a promise which is a part of a written or oral contract. Certification: A certification is a written statement made to the court when you file papers with the court, swearing that the information contained in the papers is true to the best of your knowledge. Complaint: A complaint is a document in which you briefly tell the court the facts in your case and the relief you want the court to grant. Default: When the defendant does not appear in court to respond to the complaint or does not file an answer, a judge may order in your favor. This is called a default. Also, if you do not show up in court, the court may dismiss your case. Defendant: The defendant is the party who is being sued. File: To file means to give the appropriate forms and fee to the court to begin the court’s consideration of your request. Motion: A motion is a written request in which you ask the court to issue an order, or to change an order it has already issued. Order: An order is a signed paper from the judge telling someone they must do something. Party: A party is a person, business, governmental agency, etc., involved in a court action. Plaintiff: The plaintiff is the party who starts the lawsuit. Return Date: This is the date the plaintiff and defendant are told to appear in court. Service of Process: Service of Process is the official delivery of the papers to the other party. Summons: A summons is the paper that notifies the defendant that he or she is being sued and briefly explains the steps they need to take once they have received this notice. TORT: A tort is an injury inflicted on a person or property independent of a contract. Revised 11/2007, CN 10148 - English (How To Sue For UP To $3,000 In Small Claims - Motor Vehicle) page 4 of 13 American LegalNet, Inc. www.FormsWorkflow.com Small Claims - $3,000 Limit Auto How To Sue For An Amount Of Money Up To $3,000 (Special Civil Complaint And Summons - Motor Vehicle Case Only) The numbered steps listed below tell you what forms you will need to fill out and what to do with them. Each form should be typed or printed clearly on 8 ½ “x 11” white paper only. Forms may not be filed on a different size or color paper. 8 STEPS FOR FILING YOUR SMALL CLAIMS COMPLAINT AND SUMMONS STEP 1: Fill out the SMALL CLAIMS COMPLAINT (FORM A) The Small Claims Complaint tells the court and the defendant the facts of the case and the things you want the defendant to do. STEP 2: Fill out the top of the SMALL CLAIMS SUMMONS (FORM B) The Small Claims Summons is delivered by the court to the defendant in the case (the person or company being sued). It puts the defendant on notice that you have filed a complaint against him or her. It also informs the defendant of the steps he or she must take to dispute the claim. Attach page 2 of the summons form (Form B) and the filing fee to the complaint before mailing or delivering your papers to the court. Page 1 of the summons is a pre-printed form that the court will attach when it delivers the summons to the defendant. STEP 3: Be sure that the papers can get to the defendant It is very important that you provide the court with the defendant’s correct address. After you file your papers with the court, the court will then mail or deliver the papers to the defendant using the address you gave the court. If the defendant cannot be found at the address you have given the court, Service of Process is considered incomplete and the court will ask you for another address it can use to contact the defendant. If the address is correct and the defendant is served with the papers, then the court will notify both sides of a court date. STEP 4: Attach the filing fee Make a check or money order payable to the Treasurer, State of New Jersey. Plaintiff’s Filing Fees: __ $22 for one defendant ($15 Filing Fee and $7 certified and regular mail Service Fee). __ $9 for each additional defendant ($2 Filing Fee and $7 certified and regular mail Service Fee). If the courthouse you are filing your papers in uses personal service, the Service Fee is calculated by court staff based on mileage. STEP 5: Where to file the SMALL CLAIMS COMPLAINT The complaint must be mailed or delivered to the Office of the Special Civil Part Clerk in the county where at least one defendant lives or where the defendant’s business is located. If there is more than one defendant, the complaint can be filed in the county where any of the defendants live or are located. If none of the defendants live or are located in New Jersey, the complaint must be filed where the cause of the complaint occurred. STEP 6: Check your completed forms Check your forms and make sure they are complete. Remove all instruction sheets. Make sure you have signed the forms wherever necessary. Revised 11/2007, CN 10148 - English (How To Sue For UP To $3,000 In Small Claims - Motor Vehicle) page 5 of 13 American LegalNet, Inc. www.FormsWorkflow.com Small Claims - $3,000 Limit Auto CHECKLIST - You must have all of the following items in this order: __ __ __ Complaint (FORM A) Summons (FORM B) Filing fee in the form of check or money order. Do not mail cash. You may use cash if you pay in person, but you should keep the receipt you get from the court staff for your records. STEP 7: Mail or deliver your package of completed papers to the court You can deliver your papers to the court in person or you can mail them. If you mail the papers, we recommend that you use certified mail, return receipt requested. This will provide you with a green receipt card that can serve as proof that you mailed the papers. Your post office can tell you how to send certified mail, return receipt requested. __ __ __ Make at least 4 copies of the entire packet of completed forms. Mail or deliver to the court the original and 2 copies of all the forms, plus two more copies for each additional defendant. Keep one copy of the entire packet for your own records. STEP 8: You will get a court date for your trial After you file your papers with the court, you will receive a postcard in the mail with the date you must appear in court. The defendant will also be notified to appear in court on the same date. If you do not appear in court on this date, your case may be dismissed. If you cannot make your court date because of circumstances beyond your control, you must contact the court in advance and request that your date be rescheduled. If the other party does not appear, the court may find the other party is in default. Bring all the evidence (documents, photographs and witnesses) you need to prove your case with you to court on your court date. A witness’ written statement, even if under oath, is not admissible in court. Only actual testimony in court of what the witness heard or saw will be allowed. Prepare your questions in advance. Even if the defendant does not appear, the judge may schedule a Proof Hearing at which you must present all documents that support your case such as canceled checks, money orders, sales receipts, bills, contracts, estimates, leases, letters, photographs, and other documents proving your claim. Mediation: The court will likely ask that you attempt to settle your case with the help of a judge’s law clerk before you go to trial. If you settle your case you must tell the judge and court clerk. If you need an interpreter or an accommodation for a disability for your trial, please contact the court before your trial date. ++++++++++++++ Revised 11/2007, CN 10148 - English (How To Sue For UP To $3,000 In Small Claims - Motor Vehicle) page 6 of 13 American LegalNet, Inc. www.FormsWorkflow.com INSTRUCTIONS FOR COMPLETING FORM A (SMALL CLAIMS COMPLAINT-MOTOR VEHICLE) This complaint must be used only if your case involves a motor vehicle accident and you want to file a complaint in Small Claims Court. After you fill in the required information at the top of the form, in the middle section of the page, below the word COMPLAINT, complete the following information: 1. Type or print the date the accident occurred. 2. Type or print the name of the defendant(s). (a) After the word Owner, type or print the name of the owner of the vehicle in the space. (b) After the word Operator, type or print the name of the person who was driving the car in the space. 3. Type or print the name of the place where the accident occurred. You can use the name of the street or the name of the streets at an intersection near the accident if you do have an exact address. 4. In the space after the word Demand, enter the amount you are suing for in court. NOTE: You cannot use this form for any matter other than for injuries to you or your property resulting from a motor vehicle accident, Review steps 2, 4, 6 and 7 on pages 4-5 before mailing this packet to the court. Revised 11/2007, CN 10148 - English (How To Sue For UP To $3,000 In Small Claims - Motor Vehicle) page 7 of 13 American LegalNet, Inc. www.FormsWorkflow.com FORM A SMALL CLAIMS COMPLAINT (Motor Vehicle) Name of Attorney for Plaintiff (if any) Name of Court Address Address Telephone No. Telephone No. From Plaintiff: SUPERIOR COURT OF NEW JERSEY LAW DIVISON SPECIAL CIVIL PART Name: Address County Telephone No. To Defendant: Name: CIVIL ACTION COMPLAINT Motor Vehicle Address Telephone No. COMPLAINT Plaintiff says the negligence of the defendant operator and/or defendant owner caused a motor vehicle accident resulting in property damage to plaintiff's vehicle, in the following accident: 1. Date of Accident:_____________________ 2. Name of Defendant(s): a) Owner:____________________________ b) Operator:__________________________ 3. Place of Accident: a) Street:____________________________________ b) Municipality:______________________________ c) County:___________________________________ Demand: $_________________ IMPORTANT: Plaintiffs and defendants must bring all witnesses, photos, estimates, documents, other evidence and an interpreter, if necessary, to the hearing. Subpoena forms are available at the Clerk's office to require the attendance of witnesses. At the trial Plaintiff will need: An interpreter: An accommodation for disability: yes yes no no Indicate Language: Indicate Disability: I certify that the matter in controversy is not the subject of any other court action or arbitration proceeding, now pending or contemplated, and that no other parties should be joined in this action. _________________ Date ________________________________ Plaintiff Signature ________________________________ Plaintiff Name – Typed, Stamped or Printed Revised 11/2007, CN 10148 - English (How To Sue For UP To $3,000 In Small Claims - Motor Vehicle) page 8 of 13 American LegalNet, Inc. www.FormsWorkflow.com INSTRUCTIONS FOR COMPLETING FORM B (SMALL CLAIMS SUMMONS) [Note: These instructions are for page 2 of Form B] A. Under the section labeled Plaintiff or Plaintiff’s Attorney Information, type or print the name, address and telephone number of your attorney if you have one. If you are representing yourself type or print your name, address and telephone number. B. Under the section labeled Defendant Information, type or print the Defendant(s) name, address and telephone number. C. In the upper right hand corner before the word County, type or print the name of the county you are suing in. D. In the spaces below the word County, type or print the address and telephone number of the courthouse you are filing in. E. Where it says to Check One, check whether you are suing for breach of contract or a tort (see definitions on page 3). F. In the space after the words Demand Amount, type or print the amount you are suing for. G. In the space after the words Filing Fee, type or print the fee for mailing service in your county (see STEP 4 on page 4). H. In the space after the words Service Fee, leave it blank for the court staff to complete (see STEP4 on page 4). I. In the space after the words Attorney’s Fees, leave it blank. If you are represented by an attorney, he or she will fill out that section for you. J. Leave the area after the word Total blank for the court staff to complete. Revised 11/2007, CN 10148 - English (How To Sue For UP To $3,000 In Small Claims - Motor Vehicle) page 9 of 13 American LegalNet, Inc. www.FormsWorkflow.com Form B - Page 1 THE SUPERIOR COURT OF NEW JERSEY Law Division, Special Civil Part SMALL CLAIMS SUMMONS YOU ARE BEING SUED! IF YOU WANT THE COURT TO HEAR YOUR SIDE OF THIS CASE, YOU MUST APPEAR IN COURT. IF YOU DO NOT, THE COURT MAY RULE AGAINST YOU. READ ALL OF THIS PAGE AND THE NEXT PAGE FOR DETAILS. In the attached complaint, the person suing you (who is called the plaintiff) briefly tells the court his or her version of the facts of the case and how much money he or she claims you owe. You are cautioned that if you do not come to court on the trial date to answer the complaint, you may lose the case automatically, and the court may give the plaintiff what the plaintiff is asking for, plus interest and court costs. If a judgment is entered against you, a Special Civil Part Officer may seize your money, wages or personal property to pay all or part of the judgment and the judgment is valid for 20 years. You can do one or more of the following things: 1. Come to court to answer the complaint. You do not have to file a written answer, but if you dispute the complaint and want the court to hear your side of the case, you must appear in court on the date and at the time noted on the next page. AND/OR 2. Resolve the dispute. You may wish to contact the plaintiff’s lawyer, or the plaintiff if the plaintiff does not have a lawyer, to resolve this dispute. You do not have to do this unless you want to. This may avoid the entry of a judgment and the plaintiff may agree to accept payment arrangements, which is something that cannot be forced by the court. You will have to appear in court on the trial date unless a written agreement is reached and filed with the court. AND/OR 3. Get a lawyer. If you cannot afford to pay for a lawyer, free legal advice may be available by contacting Legal Services at ______________________. If you can afford to pay a lawyer but do not know one, you may call the Lawyer Referral Services of your local county Bar Association at ______________________. If you need an interpreter or an accommodation for a disability, you must notify the court immediately. La traducción al español se encuentra al dorso de esta página. Clerk of the Special Civil Part Revised 11/2007, CN 10148 - English (How To Sue For UP To $3,000 In Small Claims - Motor Vehicle) page 10 of 13 American LegalNet, Inc. www.FormsWorkflow.com EL TRIBUNAL SUPERIOR DE NUEVA JERSEY División de Derecho, Parte Civil Especial NOTIFICACIÓN DE DEMANDA DE RECLAMACIONES MENORES ¡LE ESTÁN HACIENDO JUICIO! SI UD. QUIERE QUE EL TRIBUNAL VEA SU VERSIÓN DE ESTA CAUSA TIENE QUE COMPARECER EN EL TRIBUNAL. SI NO COMPARECE, PUEDE SER QUE EL TRIBUNAL DICTAMINE EN SU CONTRA. PARA LOS DETALLES, LEA TODA ESTA PÁGINA Y LA QUE SIGUE. En la demanda adjunta, la persona que le está haciendo juicio (que se llama el demandante) da al juez su versión breve de los hechos del caso y la suma de dinero que alega que Ud. le debe. Se le advierte que si Ud. no viene al tribunal en la fecha del juicio, es posible que pierda la causa automáticamente y el tribunal puede dar al demandante lo que pide más intereses y costas. Si se registra una decisión en contra de Ud., un Oficial de la Parte Civil (Special Civil Part Officer) puede embargar su dinero, salario o bienes muebles para pagar toda o parte de la adjudicación y la adjudicación tiene 20 años de vigencia. Usted puede escoger entre las siguientes opciones: 1. Venir al tribunal para contestar la demanda. No hace falta que presente una contestación escrita, pero si Ud. disputa la demanda y quiere que el juez vea su versión de la causa, tiene que comparecer en el tribunal en la fecha y a la hora notadas en la página que sigue. ADEMÁS, O DE LO CONTRARIO, USTED PUEDE 2. Resolver la disputa. Ud. posiblemente quiera comunicarse con el abogado del demandante, o el demandante si el demandante no tiene abogado, para resolver esta disputa. No tiene que hacerlo si no quiere. Esto puede evitar que se registre una adjudicación y puede ser que el demandante esté de acuerdo con aceptar un convenio de pago lo cual es algo que el juez no puede imponer. Tendrá que comparecer en el tribunal en la fecha del juicio a menos que se llegue a un acuerdo escrito que se registra en el tribunal. ADEMÁS, O DE LO CONTRARIO, USTED PUEDE 3. Conseguir un abogado. Si Ud. no tiene dinero para pagar a un abogado, es posible que pueda recibir consejos legales gratuitos si se comunica con Servicios Legales (Legal Services) al . Si tiene dinero para pagar a un abogado pero no conoce ninguo puede llamar a Servicios de Recomendación de Abogados (Lawyer Referral Services) del Colegio de Abogados (Bar Association) de su condado local al . Si necesita un intërprete o alguna acomodación para un impedimento, tiene que notificárselo inmediatamente al tribunal. Secretario de la Parte Civil Especial Revised 11/2007, CN 10148 - English (How To Sue For UP To $3,000 In Small Claims - Motor Vehicle) page 11 of 13 American LegalNet, Inc. www.FormsWorkflow.com FORM B - Page 2 SMALL CLAIMS SUMMONS AND RETURN OF SERVICE Plaintiff or Plaintiff's Attorney Information: SUPERIOR COURT OF NEW JERSEY Name: _________________________ LAW DIVISION, SPECIAL CIVIL PART Address: _______________________ Atlantic _____________________________ COUNTY _______________________________ Docket Number: ____________________ (to be provided by the court) Phone:__________________________ Civil Action _________________________________________ SUMMONS Plaintiff(s) versus (Check one): Contract Tort _________________________________________ Defendant(s) Defendant Information: Name:_________________________ Demand Amount: $________________ Filing Fee: $________________ Address:_______________________ Service Fee: $________________ _______________________________ Attorney's Fees: $________________ TOTAL: $________________ Phone:__________________________ YOU MUST APPEAR IN COURT ON THIS DATE AND at__________________a.m./p.m., OR THE COURT MAY RULE AGAINST YOU. TIME:________________ REPORT TO: RETURN OF SERVICE (For Court Use Only) COURT OFFICER’S RETURN OF SERVICE IF SERVED BY COURT OFFICER Docket Number: ________________________ Date: __________________ Time: ______________WM___ WF___ BM___ BF___ OTHER___ HT____ WT____ AGE___ HAIR ___ MUSTACHE___ BEARD ___ GLASSES ___ NAME: ____________________________________________________ RELATIONSHIP: ___________________ Description of Premises _____________________________________________________________________________ _________________________________________________________________________________________________ I hereby certify the above to be true and accurate: ____________________________________ Court Officer IF SERVED BY MAIL: I, ______________________, hereby certify that on ______________________, I mailed a copy of the within summons and complaint by regular and certified mail-return receipt requested. ________________________________________ Employee Signature Revised 11/2007, CN 10148 - English (How To Sue For UP To $3,000 In Small Claims - Motor Vehicle) page 12 of 13 American LegalNet, Inc. www.FormsWorkflow.com DIRECTORY OF SUPERIOR COURT SPECIAL CIVIL PART CLERK’S OFFICES Atlantic County Special Civil Part Atlantic County Civil Courthouse 1201 Bacharach Blvd. Atlantic City, NJ 08401 (609)-345-6700; Ext. 3370 Bergen County Special Civil Part/Finance Unit Bergen County Justice Center Room 119, 10 Main Street Hackensack, NJ 07601 (201)-527-2730 Burlington County Burlington County Central Processing Office Attention: Special Civil Intake, Courts Facility 49 Rancocas Rd. Mount Holly, NJ 08060 (609)-518-2623 Camden County Hall of Justice 101 S. 5th Street, Suite 150 Camden, NJ 08103-4001 (856)-379-2202 Cape May County Special Civil Part DN-203 4 Moore Road Cape May Courthouse, NJ 08210 (609)-463-6502 Cumberland County Special Civil Part Broad & Fayette Sts. P.O. Box 10 Bridgeton, NJ 08302 (856)-453-4350 Essex County Essex County Courts Bldg. 50 W. Market St., Room 113 Newark, NJ 07102 (973)-693-5529 Gloucester County Gloucester County Courthouse 1 N. Broad St. P.O. Box 881 Woodbury NJ 08096 (856)-853-3392 Hudson County Special Civil Case Management Office 711 Administration Bldg. 595 Newark Avenue Jersey City, NJ 07306 (201)-795-6680 Hunterdon County Hunterdon County Justice Center 65 Park Avenue P.O. Box 1069 Flemington, NJ 08822 (908)-237-5820 Mercer County Mercer County Central Finance Office 175 S. Broad St. 1st Floor P.O. Box 8068 Trenton, NJ 08650 (609)-571-4490 Middlesex County Special Civil Part Tower – 3rd Floor One J.F.K. Square P.O. Box 1146 New Brunswick, NJ 089031146 (732)-981-2045 Monmouth County Central Fee Office Courthouse, 71 Monument Pk. P.O. Box 1260 Freehold, NJ 07728-1260 (732)-677-4223 Ocean County Ocean County Courthouse 118 Washington St., Room 121 Toms River NJ 08754 (732)-929-2016 Passaic County Old Courthouse 71 Hamilton Street Paterson, NJ 07505-2017 (973)-247-8268 Salem County Salem County Courthouse 92 Market St. P.O. Box 29 Salem, NJ 08079 (856)-935-7510 Somerset County Somerset County Civil Division 40 North Bridge Street, 1st. Fl. P.O. Box 3000 Somerville, NJ 08876 (908)-231-7014 Sussex County Special Civil Part Sussex County Judicial Center 43-47 High St. Newton, NJ 07860 (973)-579-0918 Union County Special Civil Part Courthouse Old Annex, 3rd Floor 2 Broad Street Elizabeth, NJ 07207 (908)-659-3638 Warren County Warren County Civil Division Courthouse 413 Second St. P.O. Box 900 Belvidere, NJ 07823-1500 (908)-475-6144 Morris County Special Civil Part Washington and Court Sts. P.O. Box 910 Morristown, NJ 07963-0910 (973)-656-4125 Revised 11/2007, CN 10148 - English (How To Sue For UP To $3,000 In Small Claims - Motor Vehicle) page 13 of 13 American LegalNet, Inc. www.FormsWorkflow.com