Paterson New Jersey Small Claims Complaint - Contract, Security Deposit, Rent, or Tort

Name: Paterson New Jersey Small Claims Complaint - Contract, Security Deposit, Rent, or Tort
Brand: US Legal Forms
Rating: 4.55 (406 reviews)

Category:

Civil Procedure - Small Claims - Complaints

State:

New Jersey

City:

Paterson

Control #:

NJ-020-SC

Format:

Instant download

This website is not affiliated with any governmental entity

Public form

Description

Small Claims Court handles small matters usually not exceeding a certain dollar amount in value. This form, a Small Claims Complaint (Contract, Security Deposit, Rent, or Tort), can be used to accomplish the named purpose in small claims court in the designated state. You can adapt the language to fit the facts and circumstances of your case. This form is available for download now in standard format(s).

A Paterson New Jersey Small Claims Complaint can be categorized into different types depending on the specific issue at hand. The most common types include complaints related to contracts, security deposits, rent, and torts. Here is a detailed description of each type of complaint: Contract Complaint: A contract complaint in Paterson New Jersey small claims court generally arises when one party alleges breach of contract. This could involve various contract disputes such as non-payment of services, failure to perform as agreed, or disputes over the terms and conditions of a contract. Security Deposit Complaint: Landlords and tenants often face conflicts regarding security deposits. In Paterson, if a tenant believes that their security deposit was wrongfully withheld or improperly handled, they may file a small claims complaint against the landlord. Conversely, a landlord may file a complaint to recover unpaid rent or damages caused by the tenant beyond normal wear and tear. Rent Complaint: Rent complaints typically involve disputes between landlords and tenants regarding unpaid rent, allegations of overcharging, or breach of lease terms. Whether it's failure to pay rent on time, non-compliance with lease obligations, or disputes over rent increases, these complaints can be brought to the Paterson small claims court for resolution. Tort Complaint: A tort complaint in small claims court focuses on seeking compensation for damages caused by the negligence or intentional actions of another party. This could include personal injury claims resulting from accidents, property damage, or other civil wrongs. To file a tort complaint in Paterson's small claims court, the value of the claim must meet certain criteria set by the court. When filing any of these types of Paterson New Jersey small claims complaints, it is crucial to gather and present evidence such as contracts, receipts, photographs, or any relevant documentation that supports your claim. It is advisable to consult with an attorney or review state laws before proceeding to ensure you have a strong case and understand the legal process involved.

Travis Career Development Discussion Guide

View this form

Travis Checklist Appraisal

View this form

Rancho Cucamonga Resumen de los derechos de la Ley de informes crediticios justos

View this form

Travis Weighted Appraisal Document

View this form

Travis Employee Appraisal Report

View this form

Environmental Workform

View this form

Contrato de Compraventa de Bienes Personal...

View this form

Limited Driving Privilege Speeding - In Co...

View this form

How to fill out Paterson New Jersey Small Claims Complaint - Contract, Security Deposit, Rent, Or Tort?

No matter the social or professional status, completing legal forms is an unfortunate necessity in today’s professional environment. Too often, it’s practically impossible for someone without any legal education to draft such papers cfrom the ground up, mainly because of the convoluted terminology and legal nuances they involve. This is where US Legal Forms comes in handy. Our platform provides a massive library with more than 85,000 ready-to-use state-specific forms that work for pretty much any legal situation. US Legal Forms also is a great resource for associates or legal counsels who want to to be more efficient time-wise utilizing our DYI tpapers.

No matter if you want the Paterson New Jersey Small Claims Complaint - Contract, Security Deposit, Rent, or Tort or any other paperwork that will be good in your state or county, with US Legal Forms, everything is at your fingertips. Here’s how you can get the Paterson New Jersey Small Claims Complaint - Contract, Security Deposit, Rent, or Tort in minutes employing our reliable platform. If you are already a subscriber, you can go ahead and log in to your account to download the appropriate form.

However, in case you are new to our library, ensure that you follow these steps prior to downloading the Paterson New Jersey Small Claims Complaint - Contract, Security Deposit, Rent, or Tort:

Be sure the template you have found is good for your area considering that the regulations of one state or county do not work for another state or county.
Preview the form and go through a brief description (if available) of scenarios the paper can be used for.
In case the form you picked doesn’t meet your requirements, you can start again and search for the necessary form.
Click Buy now and pick the subscription plan that suits you the best.
Access an account {using your login information or create one from scratch.
Select the payment method and proceed to download the Paterson New Jersey Small Claims Complaint - Contract, Security Deposit, Rent, or Tort once the payment is done.

You’re all set! Now you can go ahead and print out the form or complete it online. Should you have any problems locating your purchased forms, you can easily access them in the My Forms tab.

Regardless of what case you’re trying to solve, US Legal Forms has got you covered. Give it a try today and see for yourself.

Form popularity

FAQ

If you need to sue someone for more than $10,000 in New Jersey, small claims court won't suffice, as it only accommodates claims up to $3,000. Instead, consider filing a lawsuit in the appropriate New Jersey Superior Court. Make sure your case fits the criteria regarding the nature of your complaint, such as those related to contracts or torts. Platforms like uslegalforms can assist you in preparing necessary documents for a successful filing.

To sue for a security deposit in New Jersey, you first need to gather all relevant documentation, including your lease agreement and any communications with your landlord. Fill out the necessary form for a Paterson New Jersey Small Claims Complaint - Contract, Security Deposit, Rent, or Tort. After submitting the form to your local small claims court, attend the hearing prepared to present your case with evidence.

In New Jersey, the maximum amount you can sue for in small claims court is $3,000. This limit applies to cases involving contract disputes, security deposits, rent issues, or tort claims. If your claim exceeds this amount, you may need to consider a different court or legal route. The Paterson New Jersey Small Claims Complaint - Contract, Security Deposit, Rent, or Tort process makes it easier to seek justice for smaller amounts.

Yes, you can take someone to small claims court for $100 in New Jersey. However, ensure your case fits within the guidelines of a Paterson New Jersey Small Claims Complaint - Contract, Security Deposit, Rent, or Tort. Small claims court is designed to handle minor disputes, making it accessible for smaller amounts. Keep in mind that filing fees may apply, so check with your local court for details.

To file a complaint against a neighbor in New Jersey, begin by gathering any relevant documentation and evidence that supports your case. Next, complete the necessary forms for a Paterson New Jersey Small Claims Complaint - Contract, Security Deposit, Rent, or Tort. You can conveniently find these forms on the US Legal Forms platform, which provides step-by-step assistance to make the process smoother.

Serving a complaint in New Jersey generally takes between 10 to 30 days once filed, depending on the method of service you choose. If you opt for a process server, it can be quicker, while personal service might take longer. Understanding this timeline is essential, especially for your Paterson New Jersey Small Claims Complaint - Contract, Security Deposit, Rent, or Tort, so consider using the US Legal Forms platform for efficient guidance.

Filing fees for a Paterson New Jersey Small Claims Complaint - Contract, Security Deposit, Rent, or Tort typically range depending on the claim amount. You can expect fees to be around $15 to $50 for most cases. Be sure to verify the exact amount through the local court or by visiting the US Legal Forms platform, where you can find additional details and helpful resources.

In New Jersey, you generally have six years to file a lawsuit for a contract dispute and up to two years for personal injury or tort claims. This timeframe is crucial when considering a Paterson New Jersey Small Claims Complaint - Contract, Security Deposit, Rent, or Tort. Delaying your decision can jeopardize your right to sue, so it’s wise to act promptly. Always consult a legal expert or use resources like USLegalForms for guidance.

In New Jersey, the maximum amount you can sue for in small claims court is $3,000. However, if your claim exceeds this amount, you may pursue it in a higher court. Filing a Paterson New Jersey Small Claims Complaint - Contract, Security Deposit, Rent, or Tort can be straightforward, especially when you utilize tools from platforms like US Legal Forms to prepare your case documents. Knowing these limits helps you to aim for realistic claims and enhances your chances of success.

In New Jersey, landlords can only collect a security deposit up to one and a half times the monthly rent. The law requires landlords to return the deposit within 30 days after the tenant moves out, minus any legitimate deductions. Understanding these rules is essential, especially when filing a Paterson New Jersey Small Claims Complaint - Contract, Security Deposit, Rent, or Tort. Resources like US Legal Forms can assist you in navigating these legal requirements effectively.

Interesting Questions

More info

This kit has all of the forms and instructions for self-represented litigants to file for the return of their rental security deposit. Fill Out The Small Claims Complaint (contract, Security Deposit, Rent, Or Tort) Online And Print It Out For Free.Download Small Claims Complaint (Contract,Security Deposit,Rent or Tort) - Appendix XI-C (10532) – Courts (New Jersey) form. Superior Court Fees. Superior Court Special Civil Part Fees. The development of tort liability has primarily focused on the residential setting. Action Pending in Superior Court. State Assemblymember Raj Mukherji - D New Jersey. The rental complex filed eviction against me do i just go to court and let them know that I've moved out ? 2.3 Safety Planning for Survivors Relocating to New Homes .

Trusted and secure by over 3 million people of the world’s leading companies

Small Claims Complaint - Contract, Security Deposit, Rent, or Tort

Note: This summary is not intended to be an all inclusive discussion of the law and procedures of small claims in New Jersey, but it does contain basic and other information. This summary only discusses civil claims (property and money claims that may be filed in small claims court). Criminal charges are not discussed.

Definition

Small claims courts, also sometimes called Peoples Court, is a court of limited jurisdiction. Limited jurisdiction means only certain matters may be filed and heard by the small claims court. There is also a maximum claim amount limitation. Small claims court offer a quick, informal and inexpensive way of resolving many types of disputes you may have with particular individuals or companies.

Maximum Amount of Claim Small Claims Court may hear in New Jersey: $3,000.00

Which Court hears small claims in New Jersey? In New Jersey, the small claims court is one of three sections in the Superior Court's Special Civil Part. All claims which do not exceed $3,000.00 may be heard here.

Who hears the claims in small claims court? The claim will be heard by a judge. 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 courts, persons usually can file and present their cases relatively quickly and inexpensively, and often without an attorney. Small Claims is one of three sections of the Superior Court's Special Civil Part. The other two sections are Landlord/Tenant and regular Special Civil Part. Small Claims handles cases in which the demand is not more than $3,000.00.

If you believe you are entitled to damages greater than $3,000.00 but still wish to sue in Small Claims, you give up your right to recover damages over $3,000.00. The additional money cannot be claimed later in a separate lawsuit.

Claims over which the Small Claims Court has Jurisdiction:

The small claims court in New Jersey may hear any of the following claims if the amount in controversy does not exceed $3,000.00:

1. breach of a written oral contract
2. return of money used as a down payment
3. property damage caused by a motor vehicle accident
4. damage to or loss or property
5. consumer complaints for defective merchandise or faulty workmanship
6. payment for work performed
7. claims based on bad checks
8. claims for back rent
9. return of a tenant's security deposit
10. The above list is not exhaustive but does contain most of the common claims. However, the small claims court cannot resolve disputes concerning professional malpractice, domestic dispute issues, or probate matters.

Who may file a claim in small claims court?An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (or LLC) in small claims court if jurisdiction exists to hear the claim and the amount of the claim or property involved does not exceed $3,000.00.

Must you be represented by an attorney? The parties do not necessarily need an attorney during the court proceedings.

Things to do before you File a Claim: Get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a Corporation or Limited Liability Company you would use the legal corporate or LLC name as the defendant. If the defendant is a Corporation or LLC, you may need to contact the secretary of state in your state and obtain the proper name and address to serve with a copy of the suit. This person is called a registered agent and is designated by the corporation to receive process or summons when the corporation is sued. Be sure to also contact the small claims court to determine the filing fee for filing the claim.

How to File the Claim: The plaintiff must complete a Small Claims Complaint form.

Small Claims complaint form is available from the Clerk of the Special Civil Part in the county in which the case will be filed. The complaint can be filed through the mail or in person. When filing a complaint, you, as the plaintiff, must:

Give your full name, address, and telephone number.
To ensure proper service of the complaint, give the correct name(s) and address(es) of the person(s) named as the defendant(s) in the complaint. It is important that the defendant be properly identified as an individual, a sole proprietorship, a partnership, or a corporation.
State the amount of money for which you are suing.
State the reason why the defendant owes you money.
State whether at the present time there is any other case involving both you and the other party(ies) and, if so, the name of the court.
Sign the completed form.
Pay the correct filing and service fees when filing the complaint with the Clerk of the Special Civil Part.

If you are filing a complaint because of a motor vehicle accident, a trial date will not be set unless the defendant notifies the Clerk of the Special Civil Part in writing within 20 (or 35) days from the date the complaint was served that the case will be defended in court. Defendants living or located outside New Jersey have 35 days to respond to a complaint. If the defendant responds in writing within the 20 (or 35) days, a trial date will be scheduled. All parties will be notified by the court.

If the defendant does not respond within the 20 (or 35) days, the plaintiff may have a judgment by default entered.

Through a judgment by default, the court decides the amount of money, if any, to be awarded to a plaintiff because the defendant did not come to court or respond to the complaint in time.

If the complaint is for money damages caused by a motor vehicle accident and the judgment requires a defendant to pay $500 or more, the defendant must pay within 60 days. If the defendant does not pay within the 60 days, the plaintiff may request through the Clerk of the Special Civil Part that the Division of Motor Vehicles stop the defendant's driving privileges until the judgment is paid.

The complaint may be filed in person or through the mail. The cost for filing a complaint in Small Claims is:

$12.00 for one defendant.
$ 2.00 for each additional defendant.
$ 3.00 for each defendant served by certified and regular mail. A fee for mileage may be charged instead of the $3.00 mailing fee if the complaint is served personally by a court officer. Staff of the Special Civil Part can inform you of the mileage fee, if any.
If you are poor, you may apply to the court to qualify as an indigent and your filing fees may be waived by the judge.

Who serves the Defendant with summons or process and how is the defendant served: The court clerk will issue the summons unless otherwise provided by law. Personal service may be made by sergeants-at-arms of the court and other such persons authorized by law to serve such process as the judge designates. After filing a complaint and receipt of a docket number, service may be made by mail by the plaintiff or, in those counties which have established a service by mail program, by the clerk.

Return of Summons: Process must be made within 12 days after the filing of the complaint. The clerk must send a postcard to the plaintiff or the plaintiff's attorney showing the docket number, date of mailing and a statement that, unless plaintiff is notified, a default judgment will be entered. If service cannot be effected by mail, the clerk will send a second card to the plaintiff or attorney stating the reasons for the incomplete service and requesting instructions for reservice.

Removal to another Court: An action pending in the Special Civil Part may be transferred to another court for consolidation with an action pending in such other court in accordance with R. 4:38-1. A plaintiff, after commencement of an action in the Special Civil Part, but before the trial date, amy apply for removal of the action to the Law Division, on the ground that it appears likely that the recovery will exceed the Special Civil Part monetary limit by filing and serving in the Special Civil Part and affidavit or that of an authorized agent stating that the affiant believes that the amount of the claim, when established by proof, will exceed the sum or value constituting the monetary limit of the Special Civil Part and that it is filed in good faith and not for the purpose of delay; and filing in the Law Division and serving a motion for transfer. The Law Division shall order the transfer if it finds that there is reasonable cause to believe that the amended claim is found on fact and that it has reasonable chance for success upon the trial thereof.

A defendant filing a counterclaim in excess of the special Civil Part monetary limit may apply for removal of the action to the Law Division by filing and serving in the Special Civil Part the counterclaim together with an affidavit or tht of an authorized agent stating that the affiant believes that the amount of such claim, when established by proof, will exceed the sum or value constituting the monetary limit of the Special Civil Part and that it is filed in good faith and not for the purpose of delay; and filing in the Law Division and serving a motion for transfer. The Law Division shall order the transfer if it finds that there is reasonable cause to believe that the counterclaim is founded on fact and that it has a reasonable chance for success upon the trial thereof.

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim.

Subpoena of Witnesses: If witnesses are required but unwilling to voluntarily attend unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing and testify. Some employers may require that an employee be subpoenaed in order to be excused from work.

Trial Procedures: The trial procedure is generally informal than other courts although the formality will vary from county to county and judge to judge. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed.

What happens if the defendant does not appear at trial? Usually, if the defendant does not appear at trial, a default judgment will be entered in your favor for the amount of the claim or other relief.

Judgment: If the defendant fails to appear, or if the court rules for you after the hearing, a judgment will be entered by the court for the amount of the claim, or other relief sought.

Appeal: If you, as a plaintiff or a defendant, disagree with the court's decision, you may appeal the case to the Appellate Division of the Superior Court within 45 days from the date of judgment. You must file a Notice of Appeal, a copy of the Request for Transcript, and a Case Information Statement within the 45 days with the Clerk of the Appellate Division (located at the Hughes Justice Complex, Trenton) and deliver copies to:

All parties to the case who appeared in court.
The Clerk of the Special Civil Part from which the appeal is taken.
The judge who decided the case.
You must pay a filing fee of $135 with the Notice of Appeal and deposit $300 with the Clerk of the Appellate Division within 30 days of the Notice of Appeal. This deposit may be used to pay settlement or court costs if the appeal is lost. If the appeal is successful, the deposit will be refunded.
You also must obtain a transcript (a copy of the record of what happened in court) of the trial. The request for a transcript should be made to the Office of the Clerk of the Special Civil Part in the county in which the case was tried. You must deposit with the Clerk the estimated cost of the transcript (as determined by the court reporter, Clerk, or agency preparing it) or $300 for each day or part of a day of the trial. You must file three copies of the transcript with the Office of the Clerk of the Appellate Division.

Collection of Judgment: The judgment creditor may collect judgment by a writ of execution, attachment, or replevin. All requests for issuance of writs of execution and other process for the enforcement of judgments shall be made in writing to the clerk at the principal location of the court. A request for the issuance of a writ of execution other than wage execution shall be accompanied by a statement of the amount due. The court officer shall give tot he judgment-creditor or judgment-creditor's attorney at least 30 days' notice of an intention to return a wage execution or an unexpired writ of execution, marked unsatisfied or partially satisfied and may so return the writ unless further instructions are furnished within that time period.

Other Matters:

Are Motions allowed? Motions are allowed by the parties on a limited basis.

Continuances: A continuance will only be allowed for good cause.

Out-of-Court Settlement: If the parties decide to settle out of court, the court clerk must be notified.

When Payment is Received: When the judgment has been satisfied, the receiving party must send written notice to the court that the judgment has been satisfied.

Cross-Claims, Counterclaims, and Third-Party Claims: If you have been named as a defendant in a case and you believe the plaintiff (the person who filed the complaint) owes you money, you may file a counterclaim. To file a counterclaim, follow the same procedure (outlined above) for filing a complaint, but be sure to do it before the date listed for trial in the summons.

What happens if a defendant has filed bankruptcy? If the plaintiff has filed a claim against the defendant and the plaintiff is aware that the claim is listed as a debt in a bankruptcy proceeding, federal law prohibits the plaintiff from pursuing the claim in small claims court.

Common Forms used in Small Claims Court:

Claim Statement/Complaint
Summons
Return of Summons
Answer
Subpoena
Abstract of Judgment