The Small Claims Section of New Jersey’s Special Civil Part: A Business Owner’s Guide After Being Sued
Key Takeaways for Business Owners
If your summons shows a docket number with “SC,” your case is in the Small Claims Section of New Jersey’s Special Civil Part and involves $5,000 or less.
Missing your return date can result in an automatic judgment against your business, so appear in court and come prepared.
Bring all relevant documents, photos, and witnesses to court—there is no discovery process in Small Claims.
You may represent your business personally or through an officer, but legal counsel can strengthen your defense.
The court encourages settlement discussions on the return date, and any agreement reached becomes a binding judgment.
What the Small Claims Section Means for Your New Jersey Business Lawsuit
If your Summons lists a docket number starting with ‘SC,’ that indicates your case is in the Small Claims Section of the Special Civil Part of the Law Division of the Superior Court of New Jersey. This court handles claims involving $5,000 or less. And while the amount might seem minor compared to other lawsuits, the consequences of missing deadlines or failing to respond are no less serious.
This article breaks down what the Small Claims Section of the Special Civil Part of the Law Division is. You’ll see how to confirm that this is where your case is being handled, what the court expects from both parties, and what you need to do to prepare, including whether it’s the right time to speak to a lawyer.
How to Know Your Case Is in the Small Claims Section of the Special Civil Part
Small Claims is a Section of the Special Civil Part of the Law Division of the Superior Court of New Jersey.You can usually tell that your case has been filed here by looking at the docket number on your Summons. The docket number appears at the top of the first page, and it begins with the county abbreviation followed by the division code.
If you see something like “ESX SC 12345-24,” that “SC” confirms your claim is in Small Claims. The Complaint, served with the Summons, also gives you a clue: if the amount of the lawsuit is $5,000 or less, you are in Small Claims. When the amount is more than $5,000 but up to $20,000, it belongs in the Special Civil Part, and anything above $20,000 goes to the Civil Part.
What Is the Small Claims Section of the Special Civil Part?
The Small Claims Section is the lowest-dollar section of the Special Civil Part of the Law Division of the Superior Court. It’s designed to resolve disputes quickly, without the high cost or complexity that often comes with larger lawsuits.
If you’ve been named as a defendant in a claim filed here, the court expects both parties to show up with clear facts and basic evidence, and the rules of the Small Claims Section make that possible for those who are unable to afford lengthy litigation.
Common claims filed here include:
Payment disputes over services or goods
Return of a tenant’s security deposit under $5,000
Minor auto damage not covered by insurance
Faulty work or defective products
A bounced check or dishonored payment
Business clients who stopped paying after delivery
Even when the money involved falls within the limit, certain types of claims are excluded from filing in the Small Claims Section. These include:
Legal or medical malpractice, even for small amounts
Any claim involving child support, alimony, or domestic disputes
Probate matters involving wills or inheritance
Cases where the party wants anything other than a judgment for money
What to Expect From the Small Claims Section
So now that you know where your case is headed, here is what to expect:
You Must Show Up on the Return Date
When a complaint is filed against you in the Small Claims Section, the summons you receive will list a return date. It is the date you must “return” to court. That window of time gives both sides a chance to gather documents, line up witnesses, and prepare.
But the deadline is strict: if you fail to appear on the return date, the court can enter a default judgment against you, and you will lose the case without presenting your side.
There May Be a Chance to Settle On the Return Date
When you arrive at court on your scheduled return date, the judge may first direct the plaintiff and defendant to try to resolve the claim through a settlement conference.
A trained court staff member will help guide the discussion so that both of you can address the complaint informally. If you reach an agreement, the terms are put in writing and enforced as a binding judgment. If you are unable to settle, the case proceeds directly to trial.
You Must Bring All Relevant Evidence and Witnesses on the Return Date
Unlike cases in the Special Civil (Regular) Section, the Small Claims Section does not allow discovery tools such as interrogatories or document requests. The outcome of the case depends entirely on what the plaintiff and defendant bring into the courtroom on the return date. The judge will be reviewing that evidence for the first time, so preparation is critical. Here is what counts as relevant proof:
Invoices and receipts showing payments made or owed
Canceled checks or money orders confirming transactions
Contracts, leases, or estimates that define the agreement between the parties
Letters, emails, or texts (submitted through the Judiciary Electronic Document Submission (JEDS) system or printed and authenticated).
Photographs of damaged property, defective work, or delivered goods
Witnesses who have first-hand knowledge, such as employees, contractors, or customers
Written statements, affidavits, or notarized letters from people who are not present are not usually accepted. To protect your right to a fair hearing, make sure anyone supporting your defense is ready to testify in person.
Should You Hire an Attorney?
You don’t need a lawyer to be heard in Small Claims. Sole proprietors may represent themselves, and corporations or LLCs may appear through an officer or staff member. Still, hiring counsel is often worthwhile, since an attorney can assist with preparing the case, getting evidence admitted, and putting forward a strong defense.
Final Thoughts
We hope this guide has given you a clear picture of how to recognize when your case is in the Small Claims Section, and what the court expects from a defendant once a complaint is filed. This is the lowest-dollar section of the Special Civil Part of the Law Division, but the rules, deadlines, and risk of a binding judgment are real.
In our next article, we will move from the Small Claims Section to the higher-value Civil Part of the Superior Court, where claims above $20,000 are heard.
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
How Do I Know for Sure My Case Is in the Small Claims Section?
Look at the docket number on your summons. If it starts with your county code followed by “SC,” you are in the Small Claims Section of the Special Civil Part of the Law Division of the Superior Court. The amount of the claim, $5,000 or less, confirms it.
Can a Business Defend Itself Without an Attorney in Small Claims Court?
Businesses do not have to bring in an attorney for Small Claims. An individual owner may appear personally, and companies can be represented by an officer or employee. Still, many owners find that a lawyer’s help with paperwork and evidence strengthens their case.
What Happens if I Miss the Return Date?
If the defendant does not appear, the court can enter a default judgment for the plaintiff’s claim. That judgment can be enforced through wage garnishment, bank levy, or liens.
What Kind of Evidence Should I Bring to Court?
Bring invoices, receipts, canceled checks, contracts, emails, texts, photos, or witnesses with direct knowledge. Written statements from absent witnesses are not accepted.
Is There a Chance to Settle Before Trial?
Yes. On the return date, the court usually requires the parties to attempt settlement through a trained staff member. If you reach an agreement, it will be put in writing and enforced as a binding judgment.