What If I Am Sued In The New Jersey Small Claims Section, Special Civil Part?
If you are sued in the New Jersey Small Claims Section, Special Civil Part, you shall be named to a complaint or counterclaim and must be prepared to defend yourself in court by appearing when the trial is scheduled in your case. Failure to do so will normally result in your being defaulted and exposes you to the risk of having a money judgment entered against you and thereafter, possibly losing money or property. If you are not represented by an attorney in a New Jersey Small Claims Section, Special Civil Part case, you are called a pro se litigant. Most cases filed in the New Jersey Small Claims Section, Special Civil Part that go to trial are nonjury trials, meaning that only a judge hears the case. A defendant may demand a jury trial by paying an additional filing fee and filing a written demand for a trial by jury with the court clerk at the principal location of the court. However, the demand must be filed with the court clerk served upon opposing parties at least five days befor
