What Does It Cost to Respond to a Summons and Complaint in New Jersey?
Summary for Business Owners
Costs vary based on the court division and what you file
Law Division, Civil Part: $175 for a standard Answer, $250 if the Answer includes additional claims; motions cost $50.
Law Division, Special Civil Part: $30 for a standard Answer; $50 if added claims are $5,000 or less, $75 if added claims are more than $5,000; motions cost $25.
Small Claims: no filing fee just to appear and defend, but added claims cost $50 ($5,000 or less) or $75 (more than $5,000), plus possible service fees if new parties are added.
General Equity (Chancery): $175 to file an Answer; motions cost $50.
Work with a New Jersey civil litigation attorney early so your response strategy and filing choices match the court rules, deadlines, and total cost exposure.
If you’re reading after being served with a New Jersey summons and complaint, you’re probably already thinking past the paperwork. We covered how to respond in an earlier post. So the next practical question is what it costs to respond to a summons and complaint in New Jersey, including the fee tied to your filing as the defendant.
As we’ve said in this civil litigation series, many business defendants end up needing New Jersey civil litigation attorneys to handle the Superior Court process. Your options may include an answer, a counterclaim, a crossclaim, or a third-party complaint, and the costs change depending on what you file and which parties you bring in.
Once you know what these court costs are, you can make better decisions with your lawyer about the first step you take. Join us below.
The Two Types of Costs Involved When You Respond
As a defendant, you will generally be dealing with two separate categories of fees: court fees and attorney fees. Keeping those categories distinct will make the rest of this discussion easier to follow.
Here is a table explaining the difference between the two:
Court Fees | Attorney Fees |
State-set fee | Lawyer-set fee |
Charged when you file documents in the New Jersey Superior Court | Charged for legal work performed on your behalf |
Depends on the filing you make as the defendant | Includes reviewing documents and advising on strategy |
How Court Filing Fees Change Depending on Where Your Case Is Filed
You now have a clear way to separate costs. Attorney fees are for your lawyer's work. The fee to file an answer to a New Jersey summons and complaint is a court fee, and that court fee depends on where your case is pending in the New Jersey Superior Court.
The filing fees discussed below reflect the New Jersey court fee schedule in effect as of the date this article was published and may change in the future.
If Your Case Is in the Law Division, Civil Part
Most cases are filed in the Law Division, Civil Part when the plaintiff’s complaint seeks more than $20,000 in damages. This part of the Superior Court handles larger civil disputes and follows the full set of discovery and motion procedures used in complex litigation.
If you are the defendant, you usually have 35 days after service of the summons and complaint to file an answer through your attorney.
A standard Answer is the basic response to the complaint, and the filing fee is $175.
If you add other claims, the court charges more because those filings can expand the case and may bring in additional parties. Common added claims include:
Counterclaim
Crossclaim
Third-party complaint
If your attorney files the Answer and any additional claims together, the filing fee is $250. If the Answer is filed first and the claims are added later, the added claims cost $75 on top of the original $175.
If Your Case Is in the Law Division, Special Civil Part
Most cases are filed in the Special Civil Part when the plaintiff is seeking $20,000 or less in damages. This part of the court is designed for smaller disputes and uses streamlined procedures compared with the Civil Part.
Claims up to $5,000 may be handled in the Small Claims section of the Special Civil Part, which has even simpler procedures.
$50 filing fee: Answer includes counterclaim, crossclaim, or third-party complaint where the amount is $5,000 or less.
$75 filing fee: Answer includes counterclaim, crossclaim, or third-party complaint where the amount is more than $5,000.
Additional fees may apply if the court issues a new summons and requires service on third-party defendants, which can add to the total fee for your filing.
If Your Case Is in the Small Claims Section of the Special Civil Part
As we explained in our article on the Small Claims section of the Special Civil Part, this court works differently from other parts of the New Jersey Superior Court.
You do not file a typical answer. Instead, you are required to appear in court on the return date listed on the summons and complaint, so there is no filing fee just to show up and defend the case.
Costs can come into play if you decide to expand the action. That usually happens when you want to countersue or bring another party into the case, which changes what the court has to process and what documents must be issued and served.
$50 filing fee: Applies when the added claim is $5,000 or less.
$75 filing fee: Applies when the added claim is more than $5,000.
Additional service fees may apply if a third party is added and the court issues a new summons for service.
If Your Case Is in the General Equity Part of the Chancery Division
Your case is filed in the General Equity Part when the plaintiff’s complaint asks the court to require you to take a specific action or to stop doing something. These cases do not focus on monetary damages.
Instead, they involve court orders that affect how your business operates, controls property, or complies with contractual obligations.
As the defendant, the court fee to file an answer in the General Equity Part is $175. That filing fee applies even though the complaint may not seek money. The fee reflects the level of court involvement required once the action is joined and the judge begins managing the case.
Filing Motions and What They Cost
In some cases, it makes sense to file a motion before you file an answer to the complaint. Motions are used when there is a legal issue that can narrow the case, pause it, or move it out of court entirely.
Examples include a motion to dismiss based on defects in the complaint or a motion to compel arbitration when a contract requires disputes to be handled outside the court system. When a motion is filed, the court reviews written documents and issues an order before the case moves forward.
The court filing fee for a motion in the New Jersey Superior Court is:
Law Division, Civil Part: $50 motion filing fee
Special Civil Part: $25 motion filing fee
General Equity (Chancery Division): $50 motion filing fee
Final Thoughts
Now you have a good sense of the cost to answer a summons and complaint in New Jersey. Our New Jersey civil litigation attorneys help you calculate court costs, filing options, and procedural risks, so you can respond intentionally rather than reactively once documents are issued and served.
Are you wondering about any of the issues mentioned above? Please email us at Info@staturelegal.law or call (732) 320-9831 for assistance.
At Stature Legal, we give business owners the clarity they need to fund, grow, protect, and sell their businesses. We are trustworthy business advisors keeping your business on TRACK: Trustworthy. Reliable. Available. Caring. Knowledgeable.®
FAQs
Do I Have to Pay the Court Filing Fee Myself, or Does My Attorney Handle It?
Court filing fees are paid to the court at the time documents are submitted. In practice, your attorney usually advances or collects the fee and handles the filing on your behalf. The obligation is yours as the defendant, even though your lawyer manages the process.
Are Court Filing Fees Refundable if My Case Is Dismissed Early?
No. Court fees are tied to the action you take, not the outcome. Once the court accepts a filing, the fee is earned by the state, even if the case is later dismissed, stayed, or resolved by settlement.
What Happens if I Miss the Deadline to File an Answer Because I Did Not Pay the Fee on Time?
If an answer is not filed within the required time period, the plaintiff can request entry of default. Once default is entered, the court may issue orders that limit your ability to defend the case and can eventually lead to a default judgment. Filing delays caused by fee issues do not excuse missed deadlines.
Can I File an Answer First and Decide Later Whether to Bring a Counterclaim or Third-Party Complaint?
Yes. In many cases, defendants file a standard answer first and evaluate additional claims later. When claims are added after the initial filing, the court charges a separate filing fee. Whether that timing makes sense depends on strategy, deadlines, and how the action is developing.