I have a small claims (less than 10K) filed against me in NJ and the value they are saying I owe is not correct. I do not want to hire an attorney. What are my options?
If you've been sued in small claims court in New Jersey for less than $10,000, and you believe the amount claimed is incorrect, you have several options to respond and defend yourself without hiring an attorney. Here's a step-by-step guide:
1. Review the Complaint
Carefully read the complaint to understand the specific allegations against you and the amount being claimed.
Identify any inaccuracies or points of dispute.
2. File an Answer
You must file a written answer with the court to avoid a default judgment against you.
In your answer, admit or deny each allegation and include any defenses or counterclaims.
Be aware of the deadline to file your answer—typically 35 days from the date you were served.
In New Jersey small claims court, there is no filing fee for filing a written answer to the plaintiff's complaint. However, if you file a counterclaim or third-party complaint as part of your response, there may be associated fees. These fees are generally as follows:
Counterclaim Fee: $15 (if you're counterclaiming for an amount up to $3,000) or $50 (for counterclaims between $3,000 and $5,000).
Third-Party Complaint Fee: Same as the counterclaim fee structure.
Make sure to verify this information with the specific court where the case is filed, as fee structures can vary slightly depending on the county. You can contact the court clerk for the most accurate and up-to-date fee information.
If you only plan to file a written answer disputing the claim, you typically do not have to pay any filing fees.
3. Gather Evidence
Collect documentation or evidence to support your position, such as:
Receipts, contracts, or invoices
Communications (emails, texts, letters) between you and the plaintiff
Witness statements or testimony
Organize your evidence to demonstrate why the claimed amount is incorrect.
4. Consider Mediation
New Jersey courts often encourage mediation to resolve disputes without a trial.
Mediation can save time and costs and may lead to a mutually agreeable settlement.
5. Prepare for Trial
If the case proceeds to trial, prepare your defense:
Draft a clear and concise explanation of your position.
Organize your evidence in a logical order.
Practice explaining your points to ensure you can present them effectively to the judge.
6. Request Discovery (if Necessary)
While discovery in small claims court is limited, you can request specific documents or information from the plaintiff that may help your case.
Use tools like subpoenas if necessary to obtain evidence.
7. Appear in Court
Attend all scheduled court dates. Failure to appear could result in a default judgment against you.
Be respectful and professional when presenting your case.
8. Consider a Counterclaim
If you believe the plaintiff owes you money or has caused you harm, you can file a counterclaim as part of your response. The counterclaim must be related to the same transaction or occurrence.
9. Explore Settlement Options
Even after filing your answer, you can negotiate with the plaintiff to settle the case out of court.
10. Appeal if Necessary
If the court rules against you and you believe the decision is incorrect, you have the right to appeal within 45 days of the judgment. Appeals typically involve additional filing fees and procedures.
If you'd like, I can help you draft an answer or strategize your defense further. Let me know how you'd like to proceed, schedule a consultation!
