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Small Claims Complaint And Summons - Motor Vehicle Cases (Packet) 10148 - New Jersey
| Small Claims Complaint And Summons - Motor Vehicle Cases (Packet) Form. This is a New Jersey form and can be used in Civil Division Statewide . |
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CIVIL SCP Small Claims - $3,000 Limit Auto Updated September 2012 HOW TO USE THIS ONLINE You may fill in the information required in this packet on your screen, save it to your local drive and print it out on your local printer OR you may print out the packet and complete the forms by hand or typewriter. The information you enter is NOT submitted electronically. American LegalNet, Inc. www.FormsWorkFlow.com CIVIL SCP Small Claims - $3,000 Limit Auto How to Sue for Up To $3,000 in Small Claims Court Motor Vehicle Case Small Claims Complaint and Summons Motor Vehicle Cases Only Who Should Use This Packet? This packet must be used only if your case involves a motor vehicle accident and you want to file a complaint in Small Claims Court. You can use this packet if a person or company owes you up to $3,000 from a motor vehicle accident and you want to ask the court to order them to pay. NOTE: If you believe you are entitled to more than $3,000 but you still wish to sue in Small Claims, you give up your right to recover damages over $3,000. The additional money cannot be claimed later in a separate lawsuit. You must be at least 18 to file your claim. If you are under 18, your parent or guardian has to file the claim for you. Note: Do not use this packet if you want to correct a mistake on a birth certificate or marriage license (for example, incorrect or misspelled name, or misstatement of gender). You should contact the State Registrar of Vital Statistics directly regarding these changes. Note: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-represented litigants. The guides, instructions, and forms will be periodically updated as necessary to reflect current New Jersey statutes and court rules. The most recent version of the forms will be available at the county courthouse or on the Judiciary's Internet site www.njcourts.com. However, you are ultimately responsible for the content of your court papers. Completed forms are to be submitted to the Special Civil Part of the Superior Court in the county where you are filing your case. A list of Special Civil Part Offices is provided at the customer counter or at www.njcourts.com. Revised 09/04/2012, CN 10148-English (How to Sue for up to $3,000 in Small Claims - Motor Vehicle) Page 2 of 10 American LegalNet, Inc. www.FormsWorkFlow.com CIVIL SCP Small Claims - $3,000 Limit Auto THINGS TO THINK ABOUT BEFORE YOU TRY TO REPRESENT YOURSELF IN COURT TRY TO GET A LAWYER The Small Claims Section is a court in which you may sue someone (the defendant) to collect a small amount of money that you believe is owed to you. Because procedures in Small Claims are simpler than in other sections of the court, people usually can file and present their cases relatively quickly and inexpensively, and often without an attorney. WHAT YOU SHOULD EXPECT IF YOU REPRESENT YOURSELF While you have the right to represent yourself in court, you should not expect special treatment, help or attention from the court. The following is a list of some things court staff can and cannot do for you. Please read it carefully before asking court staff for help. · · · · We can explain and answer questions about how the court works. We can tell you what the requirements are to have your case considered by the court. We can give you some information from your case file. We can provide you with samples of court forms that are available. · · · · · · We can provide you with guidance on how to fill out forms. We can usually answer questions about court deadlines. We cannot give you legal advice. Only your lawyer can give you legal advice. We cannot tell you whether or not you should bring your case to court. We cannot give you an opinion about what will happen if you bring your case to court. We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. We cannot talk to the judge for you about what will happen in your case. We cannot let you talk to the judge outside of court. We cannot change an order issued by a judge. · · · KEEP COPIES OF ALL PAPERS Make and keep copies of all completed forms and documents related to your case. Revised 09/04/2012, CN 10148-English (How to Sue for up to $3,000 in Small Claims - Motor Vehicle) Page 3 of 10 American LegalNet, Inc. www.FormsWorkFlow.com CIVIL SCP Small Claims - $3,000 Limit Auto DEFINITIONS OF WORDS USED IN THIS PACKET Breach of Contract: A breach of contract is a failure to perform a promise which is a part of a written or oral contract. Certification: A certification is a written statement made to the court when you file papers with the court, swearing that the information contained in the papers is true to the best of your knowledge. Complaint: A complaint is a document in which you briefly tell the court the facts in your case and the relief you want the court to grant. Default: When the defendant does not appear in court to respond to the complaint or does not file an answer, a judge may order in your favor. This is called a default. Also, if you do not show up in court, the court may dismiss your case. Defendant: The defendant is the party who is being sued. File: To file means to give the appropriate forms and fee to the court to begin the court's consideration of your request. Motion: A motion is a written request in which you ask the court to issue an order, or to change an order it has already issued. Order: An order is a signed paper from the judge telling someone they must do something. Party: A party is a person, business, governmental agency, etc., involved in a court action. Plaintiff: The plaintiff is the party who starts the lawsuit. Return Date: This is the date the plaintiff and defendant are told to appear in court. Service of Process: Service of Process is the official delivery of the papers to the other party. Summons: A summons is the paper that notifies the defendant that he or she is being sued and briefly explains the steps they need to take once they have received this notice. Tort: A tort is an injury inflicted on a person or property independent of a contract. Revised 09/04/2012, CN 10148-English (How to Sue for up to $3,000 in Small Claims - Motor Vehicle) American LegalNet, Inc. www.FormsWorkFlow.com CIVIL SCP Small Claims - $3,000 Limit Auto The numbered steps listed below tell you what forms you will need to fill out and what to do with them. Each form should be typed or printed c
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