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Ocean County Small Claims Section
Overview of Small Claims
Section
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 handles cases in which the demand is not more
than $3,000.00. If the amount of money you are trying to recover is more than
$3,000.00, but less that $15,000.00 your case should be filed in the regular
Special Civil Part. Cases in which damages are more that $15,000.00 must be
filed in the Law Division of the Superior Court.
If you believe you are entitled to damages greater than
$3,000.00 but still wish to sue in Small Claims, you give up you right to
recover damages over $3,000.00. The additional money cannot be claimed later in
a separate lawsuit.
A complaint must be filed in the of Office the Special Civil
Part of the county where at least one defendant lives or where the defendant
business is located.
Types of Claims Handled in the Small
Claims Section
Typical Claims Filed
Following is a general list
of claims which can be filed in Small Claims:
Breach of written or oral contract.
Return of money
used as a down payment.
Property damage caused by a motor vehicle accident.
Damage or loss to property.
Consumer complaints for defective
merchandise or faulty workmanship. Payment for work performed.
Claims
based on bad checks.
Claims for back rent.
Return of a tenant's
security deposit.
Please remember that is you believe you are entitled to
damages greater than $3,000.00 and sue in Small Claims, you can only recover
damages up to $3,000.00.
CLAIMS THAT CANNOT BE FILED
The following is a
general list of claims that cannot be filed in Small Claims:
Claims arising from professional malpractice (for example;
alleged malpractice by a doctor, dentist or lawyer).
Claims for support or
alimony from a marital or a domestic dispute.
Claims arising from a probate
matter.
References
Civil Case Intake
Room 121
118 Washington Street
Toms River, New Jersey 08754
732-929-2016
Lawyers' Referral Service
Ocean County Bar Association
Referral Service
732-240-3666
Ocean-Monmouth Legal Services
732-341-2727
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