Fill and Sign the Small Claims the North Carolina Judicial Branch Form

Civil - SCP laint - $15,000 L Updated October 5, 2007 DC-Comp imit HOW TO USE THIS ONLINE This form can be filled out on your screen, saved to your local drive, and printed out on your local printe r or it can be printed out on your local printer fo r completion by hand or typewriter. The information you enter is NOT submitted electronically. HOW TO SUE FOR AN AMOUNT OF MONEY UP TO $15,000 (SPECIAL CIVIL COMPLAINT AND SUMMONS – DC CASES ONLY) W HO SHOULD USE THIS PACKET ? You can use this packet if a person or company owes you up to $15,000 and you want to sue that person or company. Some reasons you might sue a person or company are: • a person or company did not comply with a written or oral contract; • you paid money as a down payment and want it returned; • your property was damaged in a motor vehicle accident; • defendant damaged or lost your property; • merchandise you bought is defective; • work you paid for was faulty or not completed; • you want to be paid for work you did; • someone wrote you a bad check; or • you gave a landlord a security deposit that was not returned. You cannot use this form for: • a claim for child support and/or alimony; or • a claim arising from a probate matter, a prerogative writ action or a claim for equitable relief. NOTE: If you believe you are entitled to more than $15,000, your case should be filed in the Law Division, Civil Part of the Superior Court. Even if you are suin g for more than $15,000, you can still sue in Special Civil, but you give up your right to recover any amount over $15,000. The additional mone y cannot be claimed later in a separate lawsuit. You must be at least 18 to file your claim. If you are under 18, your parent or guardian has to file the claim for you. A corporation, limited liability corporation or limited liability partnership ma y not file a complaint for more than $3,000 without a law yer; such a complaint ma y be filed onl y by a law yer representing the corporation, lim ited liability corporation or limited liability partnership. NOTE: These materials have been prepared by the New Je rsey Administrative Office of the Courts for use by self- represented litigants. The guides, in structions and forms will be periodically updated as necessary to reflec t current New Jersey statutes and court rules. The most recent version of the forms will be available at the county courthouse or on the Judi ciary’s Internet site (www.njcourtsonline.com). However, you are ultimately responsible for the content of your court papers. Completed forms are to be submit ted to the county where you are filin g your case. A list o f addresses to locate the appropri ate Superior Court Office to file your papers is provided at the end o f the packet. Revised 10/5/2007, CN 10541-English (How To Sue For An Amount Of Money Up To $15,000) page 2 of 14 THINGS TO THINK ABOUT BEFORE YOU REPRESENT YOURSELF IN COURT T RY TO GET A LAWYER The court system can be confusing and it is a good idea to get a lawyer if you can. If you cannot afford a lawyer, you may contact the legal services program in your county to see if you qualify for free legal services. The telephone number can be found in your local yellow pages under Legal Aid or Legal Services. If you do not qualify for free legal services and need help in locating an attorney, you can contact the bar association in your county. Their telephone number can also be found in your local yellow pages. Most county bar associations have a Lawyer Referral Service. The County Bar Lawyer Referral Service can supply you with the names of attorneys in your area willing to handle your particular type of case and who may sometimes consult with you at a reduced fee. There are also a variety of organizations of minority lawyers throughout New Jersey, as well as organizations of lawyers who handle specialized types of cases. Ask your county court staff for a list of lawyer referral services that include these organizations. W HAT YOU SHOULD EXPECT IF YOU REPRESENT YOURSELF While you have the right to represent yourself in court, you should not expect any special treatment, help, or attention from the court. You must still comply with the Rules of the Court, even if you are not familiar with them. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help. - We can explain and answer questions about how the court works. - We can tell you what the requirements are to have your case considered by the court. - We can give you some information from your case file. - We can provide you with samples of court forms that are available. - We can provide you with guidance on how to fill out forms. - We can usually answer questions about court deadlines. - We cannot give you legal advice. Only your lawyer can give you legal advice. - We cannot tell you whether or not you should bring your case to court. - We cannot give you an opinion about what will happen if you bring your case to court. - We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. - We cannot talk to the judge for you about what will happen in your case. - We cannot let you talk to the judge outside of court. - We cannot change an order issued by a judge. KEEP COPIES OF ALL PAPERS Make and keep for yourself copies of all completed forms and any canceled checks, money orders, sales receipts, bills, contract estimates, letters, leases , photographs, and other important documents that relate to your case. Bring all documents to court if you are notified that an appearance is necessary. Revised 10/5/2007, CN 10541-English (How To Sue For An Amount Of Money Up To $15,000) page 3 of 14 Definitions of Words That May Be Used In This Packet Answer: a written response which explains why you believe you do not owe the money to the other party in the case Certification: a written statement made to the court swearing that the information contained in the documents filed with the court is true to the best of your knowledge Complaint: a document in which you briefly tell the court and the defendant the facts in your case and the am ount that you are suing for Default: when the defendant does not app ear in court to respond to the complaint or does not file an answer, a judge may order in the plaintiff’s favor. This is called a default. Also, if you the plaintiff does not show up in court, the court may dismiss the case Defendant: the party who is being sued File: means to give the appropriate forms to the court to begin the court’s consideration of your request Motion: a written request in which you ask the court to issue an order, or to change an order it has already issued Order: a written or oral command by a c ourt directing or forbidding an act Party: a person, business, governmental agency, etc., involved in a law suit as plaintiff or defendant Plaintiff: the person who starts the laws uit by filing the complaint Proof Hearing : the judge may order where you submit written documents or tell your story to support or prove your claim Service of Process: the official delivery of the complaint the defendant Summons: the paper that notifies the defendant that he or she is being sued and briefly explains the steps they need to take once they have received this notice Service: the mailing or delivering copies of your papers to the lawyer for the other party or to the other party if there is no lawyer Revised 10/5/2007, CN 10541-English (How To Sue For An Amount Of Money Up To $15,000) page 4 of 14 How to Sue for an Amount of Money Up To $15,000 (Special Civil Complaint and Summons- DC Case Only) The numbered steps listed below tell you abou t what forms you will need to fill out and what to do with them. Each form must be typed or printed clearl y on 8 1/2 X 11” white paper only. Forms may not be filed on a different size or color paper. STEP 1: Fill out the SPECIAL CIVIL COMPLAINT (FORM A) The Special Civil Complaint tells the court and the defendant the facts of the case and the amount of money that you want from the defendant. STEP 2: Fill out page 2 of the SPECIAL CIVIL PART SUMMONS (FORM B) The Special Civil Part Summons is delivered by the court to the defendant in the case (the person or company being sued). It puts the defendant on notice that you have filed a complaint against them. It also informs the defendant of the steps he or she must take to dispute the claim. Attach page 2 of the summons form and the filing fee (see Step 4) to the complaint before mailing or delivering your papers to the court. Page 1 of the summons is a pre-printed form that the court will attach when it delivers the summons to the defendant. STEP 3: Be sure that the papers can get to the defendant It is very important that you provide the court with the defendant’s correct address. After you file your papers with the court, the court will mail or deliver the papers to the defendant using the address you gave the court. If the defendant cannot be found at the address you give the court, Service of Process is considered incomplete and the court will ask you for another address they can use to contact the defendant. If the address is correct and the defendant is served with the papers and answers the complaint, then the court will notify both sides of a trial date. STEP 4: Attach the filing fee Make a check or money order payable to the Treasurer , State of New Jersey. See page 6 for more information on how to compute the filing fee. STEP 5: Where to file the SPECIAL CIVIL COMPLAINT (FORM A) The complaint must be mailed or delivered to the Office of the Special Civil Part Clerk in the county where at least one defendant lives or where the defendant’s business is located. If there is more than one defendant, the complaint can be filed in the county where any of the defendants live or are located. If none of the defendants live or are located in New Jersey, the complaint must be filed where the claim happened . STEP 6: Check your completed forms Check your forms and make sure they are complete. Remove all instruction sheets. Make sure you have signed the forms where you are asked to sign them. You must have all of the following items in this order: Complaint (FORM A) Summons (FORM B) Filing fee in the form of check or money order. Please do not mail cash. You may however use cash if you pay in person, but keep the receipt you get from the court staff for your records. Revised 10/5/2007, CN 10541-English (How To Sue For An Amount Of Money Up To $15,000) page 5 of 14 STEP 7: Mail or deliver your package of completed papers to the court. You can deliver your papers to the court in person or you can mail them. If you mail the papers, we recommend that you use certified mail, return receipt requested. This will provide you with a green receipt card that can serve as pr oof that you mailed the papers. Your post office can tell you how to send certified mail, return receipt requested. • Make at least 4 copies of the entire packet of completed forms. • Mail or deliver to the court the original and 2 copies of all the forms if there is one defendant, plus two more copies for each additional defendant. • Keep one copy of the entire packet for your own records. STEP 8: The defendant may file an ANSWER After you file your papers with the court and Service of Process is complete, the defendant has the opportunity to dispute the claims in your complaint by filing and serving a written answer. A court date will not be set unless the defendant mails or delivers a written answer, along with the proper fees, to the Cler k of the Special Civil Part within 35 days from the date the complaint was served on the defendant. If the defendant does not f ile an answer within the time allowed, you may be entitled to a default judgment once you submit your proofs to the judge. STEP 9: You will get a court date for your trial After you file your papers with the court, and assuming that the Service of Process is complete and the defendant files an answer, the court will send bot h sides a notice which tells each side the date, time and the place they must go to. You must appear in court on this date; if you do not, your case may be dismissed. If the other party does not appear, the court may find the other party to be in default. If you cannot make your court date because of circumstances beyond your control, you must contact the other side and the court in advance and request that your trial date be rescheduled. Bring all evidence w ith you to court on your court date. Even if the defendant does not appear in court, the judge may schedule a Proof Hearing at which you must present all documents that suppo rt your case such as canceled checks, money orders, sales receipts, bills, contracts, estimates, leases, letters, photographs, and other documents proving your claim. If you need an interpreter or an accommodation for a disability for your trial, please contact the court before your trial date. Revised 10/5/2007, CN 10541-English (How To Sue For An Amount Of Money Up To $15,000) page 6 of 14 INSTRUCTIONS FOR COMPLETING (Plaintiff’s Filing Fees Form) (Step 4) Complaint Filing Fee: Amount claimed is $3,000 or less - $32 or Amount claimed is over $3,000 but less than $15,000 - $50 $____________ Each Additional Defendant: If you are suing more than one person or company $2 for each additional defendant ____________ x $2 = $____________ total additional defendants Mail Service Fee: $7 for each defendant or Personal Service Fee: If the courthouse you are filing your papers in uses personal service, the cost is calculated by court staff based on mileage ____________ x $7 = $____________ each defendant or $____________ Jury Trial Fee: If you request a jury trial by six jurors - $50 $____________ Total: $____________ Revised 10/5/2007, CN 10541-English (How To Sue For An Amount Of Money Up To $15,000) page 7 of 14 INSTRUCTIONS FOR COMPLETING FORM A (Special Civil Part Complaint) A. The plaintiff is you, the person who is suing, and the defendant is the person being sued. B. In the blank spaces in the center of the comp laint, you must explain the reasons you are suing the Defendant in detail. Some reasons you might sue a person or company are: • a person or company did not comply w ith a written or oral contract; • you paid money as a down payment and you think you have a right to have it returned; • your property was damaged in a motor vehicle accident; • defendant damaged or lost your property; • merchandise you bought is defective; • work you paid for was faulty or not completed; • you want to be paid for work you did; • someone wrote you a bad check; or • you gave a landlord a security deposit that was not returned. (Note: You may attach more sheets to the complaint if you need to.) Revised 10/5/2007, CN 10541-English (How To Sue For An Amount Of Money Up To $15,000) page 8 of 14 FORM A Special Civil Part Complaint Superior Court Of New Jersey Law Division, Special Civil Part County Plaintiff’s Name Docket No. Street Address Town, State, Zip Code Telephone Number vs. Defendant’s Name (Person you are suing) Street Address Town, State, Zip Code CIVIL ACTION Complaint Telephone Number Type or print the reasons you, the Plaintiff(s), are suing the Defendant(s): (See instruction B) (You may attach more sheets if you need to) The amount you, the Plaintiff(s) are demanding from the Defendant(s) $ _________________ plus interest and $ ___________ for the costs of suing. At the trial Plaintiff will need: An interpreter: Yes No Indicate Language: ______________ An accommodation for a disability: Yes No I certify that the above matter in controversy is not the subject of any other court action or arbitration proceeding now pending or contemplated, and that no other parties should be joined in this action. Dated: __________________ __________________________ Your Signature __________________________ Name Typed or Printed Revised 10/5/2007, CN 10541-English (How To Sue For An Amount Of Money Up To $15,000) page 9 of 14 INSTRUCTIONS FOR COMPLETING FORM B (SPECIAL CIVIL PART SUMMONS) [Note: These instructions are for page 2 of Form B] Under the section labeled Plaintiff or Plaintiff’s Attorney Information , type or print the name, address and telephone number of your attorney if you have one. If you are representing yourself type or print your name, address and telephone number. Under the section labeled Defendant Information, type or print the Defendant(s) name, address and telephone number. In the upper right hand corner before the word County, type or print the name of the county you are suing in. In the spaces below the word County , type or print the address and telephone number of the courthouse you are filing in. Where it says to Check One, check whether you are sui ng for breach of contract or a tort (see definitions on page 3). In the space after the words Demand Amount, type or print the amount you are suing for. In the space after the words Filing Fee, type or print the fee for mailing service in your county (see STEP 4 on page 4). In the space after the words Service Fee, leave it blank for the court staff to complete (see STEP4 on page 4). In the space after the words Attorney’s Fees, leave it blank. If you are represented by an attorney, he or she will fill out that section for you. Leave the area after the word Total blank for the court staff to complete. Revised 10/5/2007, CN 10541-English (How To Sue For An Amount Of Money Up To $15,000) page 10 of 14 FORM B - PAGE 1 SUMMONS AND RETURN OF SERVICE THE SUPERIOR COURT OF NEW JERSEY Law Division, Special Civil Part SUMMONS YOU ARE BEING SUED! IF YOU WANT THE COURT TO HEAR YOUR SIDE OF THIS LAWSUIT, YOU MUST FILE A WRITTEN ANSWER WI TH THE COURT WITHIN 35 DAYS OR THE COURT MAY RULE AGAINST YOU. READ ALL OF THIS PAGE AND THE NEXT PAGE FOR DETAILS. In the attached complaint, the person suing you (who is called the plaintiff) briefly tells the court his or her version of the facts of the case and how much money he or she claims you owe. You are cautioned that if you do not answer the comp laint, you may lose the case automatically, and the court may give the plaintiff what the plaintiff is asking fo r, plus interest and court costs. If a judgment is entered against you, a Special Civil Part Officer may seize your money, wages or personal property to pay all or part of the judgment and the judgment is valid for 20 years. You can do one or more of the following things: 1. Answer the complaint . An answer form is available at the Office of the Clerk of the Special Civil Part. The answer form shows you how to respond in writing to the claims stated in the complaint. If you decide to answer, you must send it to the court’s address on page 2 and pay a $15 filing fee with your answer and send a copy of the answer to the plain tiff’s lawyer or to the plaintiff if the plaintiff does not have a lawyer. Both of these steps must be done within 35 days (including weekends) from the date you were “served” (sent the complaint). Th at date is noted on the next page. AND/OR 2. Resolve the dispute. You may wish to contact the plaintiff’s lawyer, or the plaintiff if the plaintiff does not have a lawyer, to resolve this dispute. You do not have to do this unless you want to. This may avoid the entry of a judgment and the plaintiff may agree to accept payment arrangements, which is something that cannot be forced by the court. Negotiating with the plaintiff or the plaintiff’s attorney will not stop the 35-day period for filing an answer unless a written agreement is reached and filed with the court. AND/OR 3. Get a lawyer . If you cannot afford to pay for a lawyer, free legal advice may be available by contacting Legal Services at _________ _______. If you can afford to pay a lawyer but do not know one, you may call the Lawyer Referral Services of your local county Bar Association at _______________. If you need an interpreter or an accommodation for a disability, you must notify the court immediately. La traducción al español se encuentra al dorso de esta página. ________________________ Clerk of the Special Civil Part Revised 10/2006, CN 10536-English-Spanish Revised 10/5/2007, CN 10541-English (How To Sue For An Amount Of Money Up To $15,000) page 11 of 14 EL TRIBUNAL SUPERIOR DE NUEVA JERSEY División de Derecho, Parte Civil Especial NOTIFICACIÓN DE DEMANDA ¡LE ESTÁN HACIENDO JUICIO! SI UD. QUIERE QUE EL TRIBUNAL VEA SU VERSIÓN DE ESTA CAUSA, TIENE QUE PRESENTAR UNA CONTESTACIÓN ESCRITA EN EL TRIBUNAL DENTRO DE UN PERÍODO DE 35 DÍAS O ES POSIBLE QUE EL TRIBUNAL DICTAMINE EN SU CONTRA. PARA LOS DETALLES, LEA TODA ESTA PÁGINA Y LA QUE SIGUE. En la demanda adjunta, la persona que le está haciendo juicio (que se llama el demandante) da al juez su versión breve de los hechos del caso y la suma de dinero que alega que Ud. le debe. Se le advierte que si Ud. no contesta la demanda, es posible que pierda la causa automáticamente y que el tribunal dé al demandante lo que pide más intereses y costas. Si se registra una decisión en su contra, es posible que un Oficial de la Parte Civil Especial (Special Civil Part Officer) embargue su dinero, salario o bienes muebles para pagar toda o parte de la adjudicación, y la adjudicación tie ne 20 años de vigencia. Usted puede escoger entre las siguientes opciones: 1. Contestar la demanda . Puede conseguir un formulario de contestación en la Oficina del Secretario de la Parte Civil Especial. El formular io de contestación le indica cómo responder por escrito a las alegaciones expuestas en la demanda. Si Ud. deci de contestar, tiene que enviar su contestación a la dirección del tribunal que figura en la página 2, paga r un gasto de iniciación de la demanda de $15 dólares y enviar una copia de la contest ación al abogado del demandante, o al demandante si el demandante no tiene abogado. Tiene 35 días (que incluyen fines de semana) para hacer los trámites a partir de la fecha en que fue “notificado” (le enviaron la demanda). Esa fecha se anota en la página que sigue. ADEMÁS, O DE LO CONTRARIO, UD. PUEDE 2. Resolver la disputa. Posiblemente Ud. quiera comunicarse con el abogado del demandante, o el demandante si el demandante no tiene a bogado, para resolver esta disputa. No tiene que hacerlo si no quiere. Esto puede evitar que se regist re una adjudicación y puede ser que el demandante esté de acuerdo con aceptar un convenio de pago lo cual es algo que el juez no puede imponer. Negociaciones con el demandante o el abogado del demandante no suspende rán el término de 35 días para registrar una contestación a menos que se llegue a un acuerdo escrito que se registra en el tribunal. ADEMÁS, O DE LO CONTRARIO, UD. PUEDE 3. Conseguir un abogado. Si Ud. no tiene dinero para pa gar a un abogado, es posible que pueda recibir consejos legales gratuitos comunicándo se con Servicios Legales (Legal Services) al ______________. Si tiene dinero para pagar a un abogado pero no conoce ninguno puede llamar a Servicios de Recomendación de Abogados (Lawyer Referral Services) del Colgeio de Abogados (Bar Association) de su condado local al ________________. Si necesita un intérprete o alguna acomodación pa ra un impedimento, tiene que notificárselo inmediatamente al tribunal. ____________________________ Secretario de la Parte Civil Especial Revised 10/2006, CN 10536-English-Spanish Revised 10/5/2007, CN 10541-English (How To Sue For An Amount Of Money Up To $15,000) page 12 of 14 SPECIAL CIVIL PART SUMMONS AND RETURN OF SERVICE – FORM B - PAGE 2 Plaintiff or Plaintiff’s Attorney Information: Demand Amount: $ Name: Filing Fee: $ Service Fee: $ Address: Attorney’s Fees: $ TOTAL $ SUPERIOR COURT OF NEW JERSEY Telephone No.: ( ) - LAW DIVISION, SPECIAL CIVIL PART COUNTY , Plaintiff(s) versus ( ) - , Defendant(s) Docket No: (to be provided by the court) Civil Action SUMMONS (Circle one): Contract or Tort Defendant(s) Information: Name, Address & Phone: Date Served: RETURN OF SERVICE IF SERVED BY COURT OFFICER (For Court Use Only) Docket Number Date Time WM WF BM BF OTHER HT WT AGE HAIR MUSTACHE BEARD GLASSES NAME: RELATIONSHIP: Description of Premises I hereby certify the above to be true and accurate: Court Officer RETURN OF SERVICE IF SERVED BY MAIL (For Court Use Only) I, ______________________, hereby certify that on ______________________, I mailed a copy of the within summons and complaint by regular and certif ied mail-return receipt requested. Employee Signature Revised 10/2006, CN 10536-English-Spanish Revised 10/5/2007, CN 10541-English (How To Sue For An Amount Of Money Up To $15,000) page 13 of 14 DIRECTORY OF SUPERIOR COURT SPECIAL CIVIL PART CLERK’S OFFICES Atlantic County Special Civil Part Atlantic County Civil Courthouse 1201 Bacharach Blvd. Atlantic City, NJ 08401 (609)-345-6700; Ext. 3370 Bergen County Special Civil Part/Finance Unit Bergen County Justice Center Room 119, 10 Main Street Hackensack, NJ 07601 (201)-527-2730 Burlington County Burlington County Central Processing Office Attention: Special Civil Intake, Courts Facility 49 Rancocas Rd. Mount Holly, NJ 08060 (609)-518-2623 Camden County Hall of Justice 101 S. 5th Street, Suite 150 Camden, NJ 08103-4001 (856)-379-2202 Cape May County Special Civil Part DN-203 4 Moore Road Cape May Courthouse, NJ 08210 (609)-463-6502 Cumberland County Special Civil Part Broad & Fayette Sts. P.O. Box 10 Bridgeton, NJ 08302 (856)-453-4350 Essex County Essex County Courts Bldg. 50 W. Market St., Room 113 Newark, NJ 07102 (973)-693-5529 Gloucester County Gloucester County Courthouse 1 N. Broad St. P.O. Box 881 Woodbury NJ 08096 (856)-853-3392 Hudson County Special Civil Case Management Office 711 Administration Bldg. 595 Newark Avenue Jersey City, NJ 07306 (201)-795-6680 Hunterdon County Hunterdon County Justice Center 65 Park Avenue P.O. Box 1069 Flemington, NJ 08822 (908)-237-5820 Mercer County Mercer County Central Finance Office 175 S. Broad St. 1 st Floor P.O. Box 8068 Trenton, NJ 08650 (609)-571-4490 Middlesex County Special Civil Part Tower – 3 rd Floor One J.F.K. Square P.O. Box 1146 New Brunswick, NJ 08903- 1146 (732)-981-2045 Monmouth County Central Fee Office Courthouse, 71 Monument Pk. P.O. Box 1260 Freehold, NJ 07728-1260 (732)-677-4223 Morris County Special Civil Part Washington and Court Sts. P.O. Box 910 Morristown, NJ 07963-0910 (973)-656-4125 Ocean County Ocean County Courthouse 118 Washington St., Room 121 Toms River NJ 08754 (732)-929-2016 Passaic County Old Courthouse 71 Hamilton Street Paterson, NJ 07505-2017 (973)-247-8268 Salem County Salem County Courthouse 92 Market St. P.O. Box 29 Salem, NJ 08079 (856)-935-7510 Somerset County Somerset County Civil Division 40 North Bridge Street, 1st. Fl. P.O. Box 3000 Somerville, NJ 08876 (908)-231-7014 Sussex County Special Civil Part Sussex County Judicial Center 43-47 High St. Newton, NJ 07860 (973)-579-0918 Union County Special Civil Part Courthouse Old Annex, 3rd Floor 2 Broad Street Elizabeth, NJ 07207 (908)-659-3638 Warren County Warren County Civil Division Courthouse 413 Second St. P.O. Box 900 Belvidere, NJ 07823-1500 (908)-475-6144 Revised 10/5/2007, CN 10541-English (How To Sue For An Amount Of Money Up To $15,000) page 14 of 14