Superior Court County Division Room 2 - Small Claims
The civil division handles evictions (including emergency possessory actions) and landlord and tenant disputes if the rent due at the time of filing is Six Thousand Dollars ($6,000.00) or less. The court also handles property damage and personal injury claims if the damages claimed are Six Thousand Dollars ($6,000.00) or less. A person can also sue in small claims court for money owed (bad checks, wages, services rendered, accounts receivables), the return of wrongfully held property of for faulty work if the amount owed is Six Thousand Dollars ($6,000.00) or less. If you are a corporation and are involved in a lawsuit (whether as a plaintiff or defendant) and the damages claimed are over Fifteen Hundred Dollars ($1,500.00) then you must be represented by an attorney. Small claims matters are heard by Magistrate Kathleen M. Belzeski.
The filing fee for a small claims action is Ninety Seven Dollars ($97.00) if certified or One Hundred Twenty Five ($125) if by Sheriff. You will be charged an additional Ten Dollar ($10.00) fee for each defendant after the first named defendant.
You do not need to hire a lawyer to file a small claims action as the process is meant to be informal and the rules of evidence do not apply except as it relates to offers of compromise and certain privileged communications.
Requests for continuances must be in writing at least five (5) days prior to your court date. The first request for a continuance is generally granted and additional continuances will only be granted for good cause shown. Please write your cause or case number on all correspondence.
If you are the plaintiff in a civil case there must be service on the defendant in order to proceed to hearing on your assigned court date.
On your scheduled court date please bring all witnesses evidence you have in support of your case. Please make at least two copies of all written evidence you wish to present to the Court.
Court Employees are here to help you. They cannot give you legal advice but can assist with general questions and procedure.
Kathleen M. Belzeski