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GETTING A MONEY JUDGMENT AND USING THE COURT SYSTEM TO COLLECT ON THE JUDGMENT You may file a suit with a district justice if you have a complaint against a person or business and wish to recover an amount of money totaling $8,000 or less. This is called a civil lawsuit. The $8,000 limit does not include the court costs involved in the suit, or any interest which may be due on your claim. If you are successful, you are entitled to be reimbursed for court costs. You
can also be a defendant in a district court for motor vehicle or minor criminal
charges – see the section of this web page on “Traffic Violations” or
“Criminal Cases”. MUST
I GO TO DISTRICT JUSTICE COURT? Claims
for $8,000 or less can be filed in Common Pleas Court; but, (a) district justice
courts are less formal, less expensive and faster than Common Pleas Courts (b)
you need an attorney in Common Pleas Court, and in district justice court one is
not required. There are times,
however, when you may want a lawyer with you. WHICH
DISTRICT JUSTICE? Rules
apply to where a suit may be filed. Generally, they are (a) where the person you
are suing lives or is located, or (b) where your claim arose, i.e. where the
accident/incident occurred or where the transaction (contract, purchase) took
place. For example, a small claim
arising out of a traffic accident or contract dispute could be filed with the
district justice who serves the territory where the accident occurred or where
the contract was signed or where the defendant resides or where the
defendant’s business is located District
justices are listed in the yellow pages of the telephone book under
"District Justice" or "Justice of the Peace."
In New Jersey “Superior Court,” civil for claims over $10,000 and
Superior Court, “Special Civil Part” for claims under $10,000.00. GETTING
THE LAW SUIT STARTED Once
you have decided which district justice, go there and get the form and fill it
out. There will be a filing fee and
a fee for serving the defendant. The personnel at the district office will
assist you in filling out and filing the complaint and answering any question
about the procedures. The complaint
form requires you to provide a statement of why you believe you are entitled to
the money Be sure to provide enough information so the person you are suing
knows why he or she is being sued. Include the dates when things important to
your case may have happened. We
recommend that you file the complaint in person at the district justice’s
office. WHAT
HAPPENS AFTER THE SUIT IS FILED? The
clerk at the district justice will schedule a hearing between 12 and 60 days
from the time you file. The law requires that before the hearing, the other
party must receive a copy of the complaint.
The complaint can be sent by certified mail to the defendant and the
return receipt will be returned to the district justice as proof that it was
received; or the complaint can be delivered by the sheriff or a constable for an
additional fee which can be recovered if you win the suit. Having the complaint
served in person can avoid problems that are present in mail delivery. HOW
DO I PREPARE FOR THE HEARING? Bring
all documents and papers relating to the suit and make several copies of each
for the court and the defendant to read as you present them.
It helps if you organize them in some order and mark them.
Always ask that they be admitted into evidence.
Also bring witnesses if you have any, and you may have to have them
subpoenaed. It is also a good idea to line up supportive witnesses to be present
at the hearing. WHO
IS PRESENT AT THE HEARING? The
district justice, you (the plaintiff), the defendant, all witnesses and any
lawyers. The public is allowed to
be present as well. The
district justice will explain the procedure to you. Do not be afraid to ask
questions. During the hearing, you will be given an opportunity to tell what
happened that caused you to sue the defendant. Show any papers, bills, receipts,
or letters you have to the district justice. You will probably be asked
questions by the other side, or possibly by the district justice. Then your
witnesses will be allowed to tell what they know about the case. The defendant
will be given the same opportunity You will also be permitted to ask questions
of the defendant. The decision may be made at the hearing but not more than five days later. IF
I WIN THE DECISION DO I GET MY MONEY? The
other party may arrange to pay you in installments, lasting up to 12 months, as
set by the district justice. However, the defendant has 30 days to appeal the
decision. If this is done, the case
goes to Common Pleas Court. If
there is no appeal, you still have to wait the 30 days before you can collect
your money. If
there is an appeal, a Notice of Appeal is filed with the prothonotary in the
county courthouse. Copies of the notice will be served on both you and the
district justice who made the decision. The notice prevents you from collecting
any money until the appeal is decided. If
you are not satisfied with the district justice’s decision, you too have the
right to appeal in the same manner. Please note that any party filing an appeal
must also file a Proof of Service of copies of his Notice of Appeal no later
than 10 days after the appeal is filed. If
appealed, the case will then be heard in Common Pleas Court where procedures are
more formal; attempting to go to the appeal route without an attorney can put
your case at risk for failure to follow those rules. AFTER
30 DAYS IF NO APPEAL IS FILED, HOW DO I GET MY MONEY? If
after 30 days you still have not collected your money, ask the district justice
to issue an Order of Execution. This involves filling out a form that the
district justice gives to the sheriff or constable, who then attempts to collect
the money owed to you. Any fees you pay will be charged to the other party when
the money is collected.. An execution order permits a sheriff to levy on
property, which means that property of the defendant can be sold to pay the
debt. However, you should realize that it is difficulty to collect payment from
someone who has no property or money. FOR
ADDITIONAL INFORMATION CALL
THE TOLL FREE HELP LINE 1-800-232-1477 JAMES
W. PEARSON, JR. Attorney-at-Law |
Send mail to Lawyer@sun-in-law.com
with questions or comments about this web site.
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