Small Claims Answer

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

New Jersey requires the use of official court form CN 10542 for Special Civil Part
answers (including small claims). This template provides the substantive legal content to help you prepare —
but you must transfer your content to the official form before filing. The official form
is available at www.njcourts.gov.
Do not file this document directly with the court.

SUPERIOR COURT OF NEW JERSEY

SPECIAL CIVIL PART — SMALL CLAIMS SECTION

[________________________________] COUNTY

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM

FILING DEADLINE NOTICE

Under New Jersey Small Claims procedure, formal written answers are generally not required. See N.J. Ct. R. 6:3-3. However, if you wish to assert affirmative defenses or file a counterclaim, a written submission is strongly recommended. If you are filing a counterclaim, it must be filed at least five (5) days before the trial/return date. See N.J. Ct. R. 6:3-3(a). Failure to appear on the return date may result in a default judgment being entered against you.

• Date Summons and Complaint were served on Defendant: [__/__/____]
• Return / Trial Date on Summons: [__/__/____]
• Counterclaim filing deadline (5 days before return date): [__/__/____]
• Date this Answer is being filed: [__/__/____]

I. DEFENDANT INFORMATION

Defendant appears in this action:

☐ Pro se (self-represented, without an attorney)
☐ By counsel — Attorney information below:

Note: In New Jersey Small Claims court, attorneys are permitted to represent parties. Corporations and other business entities may appear through an officer, partner, or authorized employee. See N.J. Ct. R. 6:1.

II. PRELIMINARY STATEMENT

1. Defendant, [________________________________], hereby appears and submits this Answer to the Small Claims Complaint ("Complaint") filed by Plaintiff, [________________________________] ("Plaintiff"), in the above-captioned matter.

2. This Answer is filed pursuant to N.J. Ct. R. 6:3-3(a) and is submitted in advance of the scheduled return/trial date of [__/__/____].

3. Defendant admits that this matter is properly venued in the Special Civil Part, Small Claims Section, because the amount in controversy does not exceed the statutory cap of $5,000 and the events giving rise to the dispute occurred in [________________________________] County, State of New Jersey.

4. Except as expressly admitted herein, Defendant denies each and every allegation of the Complaint and demands strict proof thereof.

III. RESPONSES TO PLAINTIFF'S ALLEGATIONS

Defendant responds to each numbered allegation of the Complaint as follows:

Instructions: For each paragraph of the Complaint, check the appropriate response and provide any explanation.

Allegation No. 1

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 2

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 3

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 4

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 5

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 6

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Add additional allegation responses as needed to match the Complaint.

IV. DEFENDANT'S STATEMENT OF FACTS

Defendant states the following facts in support of this Answer:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

6. [________________________________]

7. [________________________________]

8. [________________________________]

Note: In New Jersey small claims proceedings, the court uses simplified, informal procedures. The judge will ask each side to tell their version of the events. Prepare a clear, chronological summary of what happened and bring all supporting documents.

V. AFFIRMATIVE DEFENSES

Defendant asserts the following defenses without assuming any burden of proof not otherwise imposed by law. Each defense is pleaded separately and in the alternative, consistent with the affirmative defense requirements of N.J. Ct. R. 4:5-4 (incorporated by reference into Special Civil Part practice):

Defense No. 1: Failure to State a Claim

Plaintiff's Complaint fails to state a claim upon which relief can be granted. Even accepting all allegations as true, no legally cognizable cause of action is established under New Jersey law.

Defense No. 2: Statute of Limitations

Plaintiff's claims are barred, in whole or in part, by the applicable New Jersey statutes of limitations, including:

• N.J.S.A. 2A:14-1: Six (6) years for actions on contracts (written or oral)
• N.J.S.A. 2A:14-1.1: Four (4) years for sales contracts governed by the UCC (N.J.S.A. 12A:2-725)
• N.J.S.A. 2A:14-2(a): Two (2) years for personal injury claims
• N.J.S.A. 2A:14-1.2: Six (6) years for property damage claims
• N.J.S.A. 2A:14-3: One (1) year for defamation (libel and slander)
• N.J.S.A. 2A:14-21: Six (6) years for actions on accounts and unspecified contract actions

Defense No. 3: Payment, Accord, and Satisfaction

Any amounts allegedly owed by Defendant to Plaintiff have been paid in full, settled by accord and satisfaction, or otherwise discharged. Defendant states: [________________________________]

Defense No. 4: Setoff and Recoupment

Defendant is entitled to set off against any amount owed to Plaintiff sums that Plaintiff owes to Defendant arising from the same or related transactions.

Defense No. 5: Lack of Standing / Improper Party

Plaintiff lacks standing to bring this action because Plaintiff has not suffered a legally cognizable injury or is not the real party in interest.

Defense No. 6: Improper Service of Process

Service of process was insufficient, untimely, or otherwise defective and does not comply with N.J. Ct. R. 6:2 governing service in the Special Civil Part.

Defense No. 7: Estoppel, Waiver, and Laches

Plaintiff is estopped from asserting these claims, has waived the right to bring these claims, or is barred by the doctrine of laches due to unreasonable delay causing prejudice to Defendant.

Defense No. 8: Failure to Mitigate Damages

Plaintiff failed to take reasonable steps to mitigate damages. Any alleged losses are attributable, in whole or in part, to Plaintiff's failure to mitigate.

Defense No. 9: Comparative Negligence

Pursuant to New Jersey's modified comparative negligence statute, N.J.S.A. 2A:15-5.1, Plaintiff's own negligence contributed to the damages alleged. If Plaintiff's negligence equals or exceeds Defendant's negligence, Plaintiff is barred from recovery entirely. If Plaintiff's negligence is less than Defendant's, any recovery must be reduced by the percentage of Plaintiff's fault.

Defense No. 10: Unclean Hands

Plaintiff has engaged in inequitable conduct relating to the subject matter of this action, and relief should be denied under the doctrine of unclean hands.

Defense No. 11: Res Judicata / Collateral Estoppel

Plaintiff's claims are barred, in whole or in part, by the doctrines of res judicata (claim preclusion) and/or collateral estoppel (issue preclusion) based on prior adjudication.

Defense No. 12: Reservation of Additional Defenses

Defendant reserves the right to assert additional defenses as they become known through investigation or preparation for the hearing, as permitted by N.J. Ct. R. 4:5-4.

VI. COUNTERCLAIM

Complete this section ONLY if Defendant has a claim against Plaintiff. If no counterclaim is asserted, check the box below and skip to Section VII.

☐ No Counterclaim. Defendant does not assert a counterclaim at this time.

☐ Counterclaim Asserted. Defendant asserts the following counterclaim against Plaintiff pursuant to N.J. Ct. R. 6:3-3(a).

IMPORTANT NOTICE REGARDING COUNTERCLAIMS

• A counterclaim must be filed at least five (5) days before the return/trial date. See N.J. Ct. R. 6:3-3(a).
• If the counterclaim amount does not exceed $5,000, the case remains in the Small Claims Section. See N.J. Ct. R. 6:1-2(a).
• For residential security deposit disputes under N.J.S.A. 2A:18-61.1 et seq., the Small Claims limit is $5,000.
• If the counterclaim amount exceeds the Special Civil Part monetary limit ($20,000), the defendant may apply to remove the entire action to the Law Division. The Law Division shall order the transfer if it finds reasonable cause that the counterclaim is well-founded. See N.J. Ct. R. 6:4-5.
• A filing fee of $30.00 is required for a Small Claims counterclaim.

A. Counterclaim Parties

B. Jurisdiction and Venue

This counterclaim is properly brought in the Small Claims Section of the Special Civil Part, [________________________________] County, because:

☐ The amount in controversy does not exceed $5,000 (N.J. Ct. R. 6:1-2(a))
☐ The counterclaim arises from the same transaction or occurrence as the Complaint
☐ Venue is proper in this county pursuant to N.J. Ct. R. 6:1-2

C. Type of Counterclaim

☐ Breach of Contract (written)
☐ Breach of Contract (oral)
☐ Property Damage
☐ Return of Security Deposit (N.J.S.A. 2A:18-61.1 et seq.)
☐ Unpaid Wages / Services Rendered
☐ Money Had and Received / Unjust Enrichment
☐ Fraud / Misrepresentation
☐ Consumer Fraud (N.J.S.A. 56:8-1 et seq., New Jersey Consumer Fraud Act)
☐ Breach of Warranty
☐ Conversion of Property
☐ Other: [________________________________]

D. Factual Allegations Supporting Counterclaim

State the facts giving rise to your counterclaim clearly and in numbered paragraphs:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

6. [________________________________]

E. Damages Sought on Counterclaim

Counter-Claimant seeks judgment against Counter-Defendant in the amount of:

$[________________________________]

This amount includes:

☐ Actual/compensatory damages: $[________________________________]
☐ Return of security deposit: $[________________________________]
☐ Repair / replacement costs: $[________________________________]
☐ Lost wages / income: $[________________________________]
☐ Treble damages under NJ Consumer Fraud Act (N.J.S.A. 56:8-19): $[________________________________]
☐ Other: $[________________________________]

Plus the following additional relief:

☐ Pre-judgment interest as permitted by N.J. Ct. R. 4:42-11
☐ Post-judgment interest at the statutory rate
☐ Court costs
☐ Attorney's fees (where authorized by statute or contract)
☐ Such other relief as the Court deems just and proper

F. Supporting Documents for Counterclaim

List all documents Defendant intends to present at the hearing in support of the counterclaim:

☐ Contract / written agreement
☐ Lease agreement
☐ Receipts / invoices
☐ Photographs
☐ Text messages / emails
☐ Correspondence / demand letters
☐ Estimates / repair quotes
☐ Bank / financial records
☐ Witness statements
☐ Other: [________________________________]

VII. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

A. Deny Plaintiff's Complaint in its entirety and enter judgment in favor of Defendant;

B. Enter judgment in favor of Defendant on the Counterclaim (if asserted) in the amount of $[________________________________], plus allowable pre-judgment and post-judgment interest;

C. Award Defendant recoverable court costs;

D. Award Defendant reasonable attorney's fees where authorized by statute or contract;

E. Grant such other and further relief as the Court deems just and equitable.

VIII. CERTIFICATION OF TRUTHFULNESS

Pursuant to N.J. Ct. R. 1:4-4(b), I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Signature: ________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Date: [__/__/____]

Note: New Jersey uses a Certification in Lieu of Oath under N.J. Ct. R. 1:4-4(b). Notarization is not required. The certification carries the same legal weight as a sworn statement.

IX. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Defendant's Answer, Affirmative Defenses, and Counterclaim was served upon the Plaintiff by the following method:

☐ Certified mail, return receipt requested, addressed to:

[________________________________]
[________________________________]
[________________________________]
Certified Mail Tracking No.: [________________________________]

☐ Regular mail, addressed to:

[________________________________]
[________________________________]
[________________________________]

☐ Hand delivery / personal service to:

[________________________________]
[________________________________]

☐ Other method: [________________________________]

Note: Service in the Special Civil Part should comply with N.J. Ct. R. 6:2. Retain proof of mailing or delivery for the hearing.

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

X. HEARING INFORMATION AND PREPARATION

A. Hearing Date and Location

B. What to Bring to the Hearing

☐ A copy of this filed Answer (and Counterclaim, if applicable)
☐ A copy of the original Complaint and Summons
☐ All contracts, agreements, leases, or written documents relevant to the dispute
☐ Receipts, invoices, estimates, or proof of payment
☐ Photographs or video evidence
☐ Text messages, emails, or other written communications
☐ Demand letters and any written correspondence between parties
☐ A list of witnesses you intend to call (with contact information)
☐ Any other evidence that supports your defense or counterclaim
☐ Photo identification

C. Important Hearing Rules

• Both parties will have an opportunity to present their case informally. The judge will typically ask each side to explain their version of events.
• Formal rules of evidence are relaxed in small claims proceedings.
• There is no jury in Small Claims court. The judge will decide the case.
• If you fail to appear on the return date, a default judgment may be entered against you.
• Hearings are generally brief (15 to 30 minutes).
• If you need an interpreter or accommodation under the ADA, contact the court clerk's office in advance.
• Mediation may be offered as an alternative before trial.

XI. FILING REQUIREMENTS AND FEES

A. Filing Fee

☐ Counterclaim filing fee paid: $[________________________________]
☐ Fee waiver / deferral application submitted

B. Filing Methods

☐ In person at the Special Civil Part Clerk's office
☐ By mail to the Special Civil Part Clerk
☐ Electronically via eCourts (if available in this vicinage)

XII. POST-HEARING INFORMATION

A. Appeal Rights

If you disagree with the judge's decision in the Small Claims Section, you may file an appeal:

• The appeal must be filed within forty-five (45) days from the date of the judgment. See N.J. Ct. R. 2:4-1.
• The appeal is filed in the Appellate Division of the Superior Court.
• The appeal is generally on the record — no new evidence is presented. The appellate court reviews whether the trial court made errors of law.
• A filing fee is required for the appeal.
• The appellant must order a transcript of the trial proceedings (if recorded) or file a statement of the evidence pursuant to R. 2:5-3(f).
• Either party may be represented by an attorney in the appeal.

B. Judgment Enforcement

If a money judgment is entered, the prevailing party may enforce it through:

• Wage garnishment pursuant to N.J.S.A. 2A:17-50 et seq.
• Bank execution (levy on bank accounts)
• Information subpoena to discover assets
• Recording a judgment lien against real property
• Other lawful collection methods available under New Jersey law

IMPORTANT PRACTICE NOTES FOR NEW JERSEY SMALL CLAIMS

Jurisdictional Limit

The Small Claims Section of the Special Civil Part has jurisdiction over civil actions where the amount in controversy does not exceed $5,000. See N.J. Ct. R. 6:1-2(a). Claims between $5,000 and $20,000 are heard in the Special Civil Part but outside the Small Claims Section.

Written Answers Generally Not Required

Under N.J. Ct. R. 6:3-3, written answers are generally not filed in Small Claims cases. Instead, the defendant appears on the return date and presents a defense orally. However, filing a written answer with affirmative defenses is recommended practice to preserve defenses and provide clear notice.

Counterclaim Deadline

If the defendant intends to file a counterclaim, it must be filed and served at least five (5) days before the return/trial date. See N.J. Ct. R. 6:3-3(a). Late counterclaims may be rejected.

Attorney Representation

Attorneys are permitted in Small Claims court. Corporations and other entities may appear through officers or authorized employees.

Discovery Rules

Formal discovery is generally not available in Small Claims cases. Limited discovery may be available in the broader Special Civil Part for cases outside the Small Claims Section. See N.J. Ct. R. 6:4.

Security Deposit Claims

For residential security deposit disputes under N.J.S.A. 2A:18-61.1 et seq., landlords must return the security deposit within 30 days of lease termination along with an itemized list of damages. Failure to comply may entitle the tenant to double the amount wrongfully withheld plus attorney's fees.

Transfer to Law Division

If a counterclaim exceeds the Special Civil Part monetary limit ($20,000), either party may apply to remove the action to the Law Division. See N.J. Ct. R. 6:4-5.

Sources and References

• New Jersey Courts – Small Claims: NJ Courts
• New Jersey Courts – Special Civil Part: NJ Courts
• N.J. Ct. R. 6:3 – Pleadings, Motions and Parties: CourtCaddy
• N.J. Ct. R. 6:4 – Proceedings Before Trial: CourtCaddy
• New Jersey Court Filing Fees: NJ Courts
• How to Answer a Complaint in the Special Civil Part: NJ Courts
• New Jersey Small Claims Overview: Nolo
• N.J.S.A. Title 2A – Administration of Civil and Criminal Justice: Justia
• New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.): NJ Legislature
• Special Civil Part Guide: NJ Courts