If you are asking for an amount over $5,000 and up to $15,000 you will file your complaint in the Special Civil Part of the Superior Court.
- Instructions and Sample Forms.
You can view step by step instructions about how to file a complaint in the Special Civil Part of the Superior Court along with sample forms for your use.
- Names and Location of Courthouses for Mailing or Delivery of Papers.
You will be filing your complaint in the county where the landlord lives or in the county where the landlord’s property is located. View a list of courthouse addresses and phone numbers in each county.
- Special Considerations
- Counterclaims and Answers to Counterclaims
If you file a complaint for return of your security deposit the landlord will often file a Counterclaim in response, asking for money for damages to the property. If the Counterclaim asks for more than $15,000 the case may be transferred to the Law Division. In order to protect yourself you should file an Answer to the Counterclaim.
- Getting an Attorney to represent you.
- Because the filing of a counterclaim can greatly complicate your case, it is probably a good idea for you to get representation from an attorney.
- Because the law permits you to get the landlord to pay for your attorneys fees if you are successful, you may be able to convince a private attorney to represent you with the hope that he can get paid when you win your case. (Note: Not all attorneys will take a case without getting some money from you before a decision is made abou the case but some will, so it is probably a good idea to apply for representation.)
- Resources for obtaining representation or legal advice:
- If you are a low income resident of New Jersey and want representation contact your local Legal Services/Legal Aid office.
- If you are a low income New Jersey resident or if you live outside of New Jersey but have a New Jersey court case and want legal advice or a referral, call the LSNJlaw statewide legal services hotline at 1-888-576-5529 between the hours of 9:00 am and 4:30 pm Monday through Friday.
- If you can afford to pay an attorney or have a case where you probably will recover attorneys fees that will allow you to pay an attorney contact a private attorney in your area.
View a list of Bar Association Lawyer referral services in New Jersey.
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