What it costs to sue in New Jersey small claims court

An individual can sue for up to $5,000 in New Jersey small claims court. A business or other entity is held to the same limit.

Source: New Jersey Courts (Administrative Office of the Courts)

New Jersey sets a different deadline depending on what the claim is about. Miss it and the court can throw the case out no matter how strong it is.

New Jersey charges one flat filing fee of $35, whatever the claim is worth.

Flat fee for one defendant; each additional defendant adds $5.

Source: New Jersey Courts (Administrative Office of the Courts)

Filing isn't enough — the person you're suing has to be formally notified, and New Jersey recognizes these methods:

Clerk-mailed notice (standard). The standard method — the court clerk mails the claim by certified and regular mail together, for $10 per defendant. New Jersey Courts (Administrative Office of the Courts)

Special Civil Part Officer (personal service). $10 to personally serve the first defendant, plus $12 for each additional defendant. New Jersey Courts (Administrative Office of the Courts)

New Jersey can waive the filing fee entirely for someone who can't afford it. The published income test is 150% of the federal poverty guidelines for your household size.

Automatic qualification. You're represented by Legal Services, the Office of the Public Defender, or assigned counsel.

New Jersey also caps liquid assets at $2,500 for this test, excluding a home and vehicle — a limit this calculator doesn't check. Outside the income line, courts still waive fees at their discretion for an applicant who shows they can't afford them, and can order waived fees repaid later if you're awarded more than $2,000.

Source: N.J. Ct. R. 1:13-2; NJ Courts Directive #03-17

Subpoenaing someone to testify in New Jersey costs $2 per day plus $0.00 per mile. It has to be paid when the subpoena is served, or the witness doesn't have to show up.

New Jersey's $2/day plus $2 per 30 miles traveled are the actual, current statutory figures — N.J.S.A. 22A:1-4 hasn't been updated in decades, so this is a genuinely tiny real-dollar amount, not a typo.

Source: N.J.S.A. 22A:1-4

An appeal in New Jersey costs $250 to file, plus a $300 Transcript deposit (refunded if you win). A higher court reviews the record of what already happened rather than hearing the case again.

New Jersey's appeal goes to the Appellate Division for legal review, not a full new trial. The $300 transcript deposit is separate from the $250 filing fee — it's refunded if you win, or applied toward costs if you lose, so it isn't really part of your net cost either way, just money you have to have upfront.

Source: New Jersey Courts (Administrative Office of the Courts)

An unpaid New Jersey judgment earns 4.5% a year from the day it's entered until it's paid.

This is the rate for a judgment that doesn't exceed the Special Civil Part's monetary limit — New Jersey's small claims cap ($5,000) is well under that, so every small claims judgment qualifies. The Administrative Office of the Courts republishes this rate every January.

Source: N.J. Ct. R. 4:42-11(a)(ii)

New Jersey caps how much of one paycheck a judgment creditor can take, based on the debtor's disposable earnings.

New Jersey caps an ordinary judgment creditor at 10% of income if your income is at or below 250% of the federal poverty level for your household size. Above that line, the statute lets a court order more — but federal law's 25%/disposable-earnings formula is the actual ceiling either way, so that's what applies once you're above 250%.

Source: N.J. Stat. §2A:17-56

Having an officer levy a bank account in New Jersey starts with about $50 up front, and the officer takes a percentage of whatever is actually collected.

The sheriff's commission is 6% of the first $5,000 collected plus 4% of anything above that, with a $50 minimum even when 6%/4% of the amount collected comes out lower.

Source: N.J.S.A. 22A:4-8

A New Jersey judgment stays enforceable for 20 years. Renewing it costs $25.

No cap on how many times you can revive it, each time for another 20 years.

Source: N.J.S.A. 2A:14-5