How Do I File a Complaint with Special Civil?

A Special Civil complaint form and accompanying instructions is available in any New Jersey Special Civil Part Office and is available on the Internet at njcourts.gov. The summons and complaint can be filed through the mail or in person at the appropriate Special Civil Part Office (See “Where Do I File a Complaint?” Question). 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) or business(es) named as the defendant(s) in the complaint. It is important that the defendant(s) 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(s) owes you money.
• State whether there is, at this time, another case involving both you and the other party(ies) and, if so, the name of the court.
• Do not provide any party’s *“confidential and personal identifiers” in the complaint or in any other submission to the court unless specifically required under law, court order, rule or administrative directive.
• Sign and date the completed form.
• Pay the correct filing and service fees when filing the complaint with the Office of the Special Civil Part.

* A “confidential personal identifier” is defined as a social security number, driver’s license number, vehicle plate number, insurance policy number, active financial account number or active credit card number. You can provide the last 4 digits of a party’s active financial account if it is the subject of the lawsuit and cannot otherwise be identified.

After you have filed a complaint, a trial date will not be set unless the defendant files an answer in writing, along with the proper fees, to the Office of the Special Civil Part within 35 days from the date the complaint was served upon that defendant. If the defendant responds in writing within the 35 days, a trial date will be scheduled. All parties will be notified by the court.

If a defendant does not respond within the 35 days, the Court will enter a default. The plaintiff can apply to the Special Civil Part Office for the entry of a “judgment by default” within 6 months from the date that default was entered. After this six month period, they must file a motion in order to obtain the judgment by default. Through a judgment by default request, the court decides the amount of money, if any, to be awarded to a plaintiff because the defendant did not answer the complaint in time or come to court. You are required to submit an affidavit and other documents verifying the amount of your claim and prove to the Court that the individual defendant is not an active member of the U.S. military. Proof of military service does not apply to business defendants. A hearing may be held in court to allow you to prove your claim where the amount you claimed cannot be proved from your documents. A packet for self-represented litigants on how to apply for a default judgment is available in any New Jersey Special Civil Part Office and is available on the Internet at njcourts.gov.

• If the complaint is for money damages caused by a motor vehicle accident and the judgment requires a defendant to pay more than $500, the defendant must pay within 60 days.
• If the defendant does not pay within the 60 days, the plaintiff may request, through the Office of the Special Civil Part, that the Motor Vehicle Commission stop the defendant's driving privileges until the judgment is paid. There is no fee for this request.