What Is New Jersey Superior Court’s Special Civil Part? (Understanding Special Civil, Landlord/Tenant and Small Claims Court)

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Archive for January, 2011

What Is New Jersey Superior Court’s Special Civil Part? (Understanding Special Civil, Landlord/Tenant and Small Claims Court)

If you are being sued in special civil court or are considering pursuing an action against another party in special civil court, please do not hesitate to call me at 201-598-5019 or email me directly at newjerseylawyernow@gmail.com for a free consultation.

Special Civil is one of three sections of the Superior Court’s Special Civil Part. The other two sections are Landlord/Tenant and Small Claims. Special Civil is limited to cases in which the demand is $15,000 or less. If you believe you are entitled to recover more than $15,000, your case should be filed in the Law Division of the Superior Court. Special Civil is a court in which you may sue someone (the defendant) to collect an amount of money up to $15,000 that you believe is owed to you. [If your claim is $3,000 or less, ($5,000 in the case of a tenant’s security deposit), you may sue in the Small Claims Section.]

If you believe you are entitled to damages greater than $15,000, but still wish to sue in Special Civil, you give up your right to recover damages over $15,000. The additional money cannot be claimed later in a separate lawsuit.

Following is a general list of claims that may be filed in Special Civil:

  • Breach of a written or oral contract.
  • Return of money used as a down payment.
  • Property damage caused by a motor vehicle accident.
  • Damage to or loss of property.
  • Consumer complaints for defective merchandise or faulty workmanship.
  • Payment for work performed.
  • Claims based on bad checks.
  • Return of a tenant’s security deposit.
  • Claims arising from professional malpractice (for example, alleged malpractice by a doctor, dentist, or lawyer).

Its also important to remember that a plaintiff or defendant that is a corporation must be represented by an attorney when the claim is greater than $3,000.

If you are being sued in special civil court or are considering pursuing an action against another party in special civil court, please do not hesitate to call me at 201-598-5019 or email me directly at newjerseylawyernow@gmail.com for a free consultation.