Special Civil Form – Fill Out and Use This PDF

Civil - SCP - Answer

Updated September 1, 2018

How to Answer a Complaint in the Special Civil Part

Who Should Use This Packet?

You can use this packet if you are being sued in the Special Civil Part for an amount of money up to $15,000 and you do not have any other claims against any other person (counter or cross-claim). If you do not file an Answer within the time specified in the Summons, which accompanies the Complaint, a money judgment may be entered against you.

DO NOT use this packet if you think you have a counterclaim, cross-claim or third party complaint (definitions for these terms appear on page 3) instead use packet 11968 - How to Answer a Complaint in the Special Civil Part With a Counterclaim, Cross-claim and/or Third Party Complaint.

General Requirements:

1.You must send an ANSWER to the court within 35 days from the date the Summons was sent to you. That date is shown on the summons you received. Your Answer must be accompanied by either a $30 filing fee, or if you cannot afford the $30 fee, a fee waiver request. To file a fee waiver use packet 11208 - How to File for a Fee Waiver - All Courts, found on our Self Help Center at njcourts.gov. (This form must be sent at the same time you file your Answer.)

2.If you have evidence showing that you do not owe the amount claimed, such as receipts, keep the original documents and bring them to the trial.

3.You must send a copy of the Answer to the plaintiff by certified and regular mail if the plaintiff does not have a lawyer. If the plaintiff has a lawyer, you must send a copy of the Answer to that lawyer by regular mail.

4.Each person being sued must file his or her own Answer.

5.An Answer on behalf of a CORPORATION, LIMITED LIABILITY CORPORATION or LIMITED PARTNER in a limited partnership must be filed by an attorney if the amount sought in the case is more than $3,000.

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 njcourts.gov. 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 njcourts.gov.

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Civil - SCP - Answer

Things to Think About Before You Represent Yourself in Court

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Civil - SCP - Answer

Definitions of Words Used in This Packet

Answer - An answer is a written response of the defendant to the allegations contained in the Complaint, which explains why you think you do not owe the money to the other party in the case.

Complaint - A complaint is a document in which the plaintiff briefly tells the court the plaintiff’s account of the facts that entitle the plaintiff to the relief requested.

Counterclaim* - A counterclaim is a document in which (you) the defendant briefly tells the court your account of the facts and explains why you think the plaintiff owes you money in the case.

Cross-claim* - A cross-claim is a claim by one defendant that a co-defendant is responsible for plaintiff’s damages.

Default - When the defendant fails to respond to the Complaint in the time specified in the Summons, the court automatically marks the defendant in default for having failed to file an Answer to the Complaint. Once a default has been entered, the judge may enter a money judgment in the plaintiff’s favor. Likewise, if the plaintiff does not show up in court, the court may dismiss the case for plaintiff’s failure to prosecute the case.

Defendant - The defendant is the person being sued.

File - To file means to give the appropriate forms and fee to the court to begin the court’s consideration of your position or request.

Interrogatories – Interrogatories are a list of questions from the plaintiff and/or defendant asking for information about the case that require a written response from the party who was served.

Judgment – A judgment is the official decision of a court in a case.

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, or governmental agency named in a court action. Plaintiff - The plaintiff is the person who files the lawsuit.

Return Date – The Return Date is the date the plaintiff and defendant are told to appear in court.

Service - Service is mailing copies of your papers to the lawyer for the other party or to the other party if there is no lawyer.

Summons - A summons is the paper that notifies the defendant that he or she is being sued and briefly explains the steps he or she needs to take once they have received this notice.

Third Party Complaint* - A third party complaint is a complaint filed against a third (new) party by a defendant alleging that the third party is liable for all or part of the claim that is in dispute.

*If you have a counterclaim, cross-claim, or third party complaint, use packet 11968 - How to Answer a Complaint in the Special Civil Part With a Counterclaim, Cross-claim and/or Third Party Complaint.

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Civil - SCP - Answer

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 clearly on 8 ½ “x 11” white paper only. Forms may not be filed on a different size or color paper.

Steps for Filing Your Answer in the Special Civil Part

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Other Considerations

Interrogatories

If you receive a list of questions (interrogatories) from the plaintiff, you must answer and return them to the plaintiff within 30 days. If you do not do so, the court may rule against you by suppressing (dismissing) your answer. You would then have to file a written motion, advising the court that you answered the questions and ask the court to reinstate the case and to reaccept your answer. The restoration fee is $25 if you make the motion within 30 days of the suppression order; after 30 days, the restoration fee is $75. After 45 days, the court may make the suppression order final and then enter a default judgment against you without hearing your side of the case.

The defendant can also send a list of interrogatories to the plaintiff. The plaintiff’s complaint could get dismissed if they don’t answer the interrogatory questions within 30 days as well. For sample interrogatories see CN 11895 - Model Interrogatories in Special Civil Part Contract and Debt Collection Cases in Which the Demand Exceeds $3,000 on njcourts.gov.

Settlement Negotiations

The court will likely ask that you attempt to settle your case with the help of a mediator on the day of trial before the trial begins. You may also wish to contact the plaintiff’s lawyer, or the plaintiff, if the plaintiff does not have a lawyer, to resolve this dispute on your own prior to your trial date. You do not have to do this unless you want to. However, negotiating with the plaintiff or the plaintiff’s attorney will not stop the 35-day period for filing an Answer, unless a written agreement between you and the plaintiff is reached and filed with the court before the 35-day period ends.

Interpreter or Accommodation

If you need an interpreter or an accommodation for a disability for your trial, please contact the court before your trial date and check the appropriate space on the Answer form.

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Civil - SCP - Answer

Instructions for Completing Special Civil Answer (Non-Auto) - Form A

(DO NOT use this form for cases involving an automobile accident.

If your case is a result of an auto accident, use Form B.)

A.The defendant is you, the person who is being sued, and the plaintiff is the person who is suing you.

B.At the top left of the form under the section labeled Filing Attorney Information or Pro Se Litigant, enter your name, address, daytime phone number and email address. If you are not an attorney, leave the NJ Attorney ID field blank.

C.In the section for plaintiff’s information, enter the plaintiff’s name, address and daytime phone number.

Make sure to check the box if the plaintiff’s address and/or phone number have changed since the initial filing.

D.In the section for defendant’s information, enter the name(s), current address(es) and daytime phone number(s) of the defendant(s) listed on the complaint.

E.On the right side of the form, enter the County and Docket No. assigned to the case by the court. (You can get this information from the complaint filed against you.)

F.In the section below Defendant denies owing the debt to the Plaintiff, check the appropriate statement(s) which set forth why you claim you do not owe the money to the plaintiff (select all that apply); or choose the box marked “Other” and explain your position.

G.On page 2, indicate if you want a trial by jury. If so, select the appropriate statement - trial by jury requested or trial by jury requested and I have submitted an application for a fee waiver.

Enclose either a $130 check or money order ($100 for jury and $30 for the Answer filing fee) made payable to the Treasurer, State of New Jersey or your completed application for a fee waiver. (To file a fee waiver use packet 11208 - How to File for a Fee Waiver - All Courts, found on our Self Help Center at njcourts.gov).

H.In the section that states At the trial, Defendant requests, advise the court if you need an interpreter and for what language. Next, indicate if you need an accommodation for a disability and specify the accommodation needed.

I.In the Certification area, check the applicable box in each section, advising the court of any other pending actions involving the same parties. Provide information about those other claims or lawsuits (if any), and advise the court if any other parties should be joined to this lawsuit.

J.IMPORTANT: Carefully review the Certifications made and double check that you have complied with the Certifications before moving to the next step. This means that you must make sure that you do not need to bring anyone else into the case or that you advise the Court if another party should be brought into the case. A frequent example is when a hospital sues a patient for payment of a bill, but the patient believes that the insurance company should pay the bill instead. The insurance company needs to be brought into the case. If you are in a situation similar to this example, DO NOT use this kit, instead use packet 11968 - How to Answer a Complaint in the Special Civil Part With a Counterclaim, Cross-claim and/or Third Party Complaint.

K.If the Answer (Form A) or any of the copies of papers that you attach to the Answer contain a Social Security number, driver’s license number, vehicle plate number, insurance policy number, active financial account number, or active credit card number, you must redact (black out) this information so that it cannot be seen, unless any such personal identifier is required to be included by statute, rule, administrative directive or court order. If an active financial account is the subject of your case and cannot otherwise be identified, you may use the last four digits of the account to identify it. Once you have confirmed that none of these personal

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identifiers are on the papers that you are filing, you must sign and date the Certification that indicates “I certify that personal identifiers have been redacted from documents now submitted to the court and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b).”

NOTE: Do not redact (black out) this information in the original papers that you are keeping since you may have to show them to the court at some point.

L.On the line above Dated, clearly print or type the date on which you sign this form, sign your name on the line above Defendant’s Signature and clearly print or type your name on the line below your signature.

M.If you would like a copy of the documents or papers referred to in the Complaint check the Demand for Production of Documents box located at the bottom of the form.

Review all steps for completion before mailing your forms.

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Form A

NOTICE: This is a public document, which means the document as submitted will be available to the public upon request. Therefore, do not enter personal identifiers on it, such as Social Security number, driver’s license number, vehicle plate number, insurance policy number, active financial account number, or active credit card number.

vs.Civil Action

Town, State, Zip Code

Telephone Number

Defendant denies owing the debt to the Plaintiff. Check the appropriate statement(s) below which set forth why you claim you do not owe money to the plaintiff or owe less than the Plaintiff is claiming.

The bill has been paid.

The dollar amount claimed by the plaintiff(s) is incorrect.

The claim or the amount of the claim is unfair. (Must explain below)

The goods or services were not received.

The goods or services received were defective.

I/We did not order the goods or services.

I am a victim of identity theft or mistaken identity.

The time has passed for plaintiff to sue on this debt.

This debt has been discharged in bankruptcy.

A lawsuit was previously filed and the claim has been resolved. (Must explain below)

Defendant is in the military on active duty.

Plaintiff did not file this lawsuit in the proper place. (Must explain below)

Other – Set forth any other reasons why you believe money is not owed to the plaintiff(s). (You may attach more sheets if you need to.)

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Revised 09/01/2018, CN 11637 (Appendix XI-F)

Form A

Trial by jury requested; an extra $100 cash, check or money order is submitted.

Trial by jury requested; and I have submitted an application for a waiver of the $100.00 fee.

At the trial, Defendant requests:
An interpreter	Yes	No	Indicate Language
An accommodation for a disability	Yes	No	Requested accommodation

Certification

I certify, to the best of my knowledge:

Must check one

that the above matter is not the subject of any other court action or arbitration proceeding now pending or contemplated, or

that the following actions or arbitration proceedings are pending or contemplated

AND

Must check one

that no other parties should be joined in this action; or

that the following persons or entities should be joined in this action

I certify that confidential personal identifiers have been redacted from documents now submitted to the court and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b).

I further r certify that this answer was served by me upon all existing parties.

Dated

Defendant’s Signature

Defendant's Name - Typed or Printed

Demand for Production of Documents Pursuant to R. 4:18-2. By checking this box, demand is made for production of all documents or papers referred to in the pleading for which this answer is provided, within 5 days of this demand.

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Revised 09/01/2018, CN 11637 (Appendix XI-F)

Civil - SCP - Answer

Instructions for Completing Special Civil Answer (Auto Accident) - Form B

(If your case is NOT a result of an auto accident, use Form A.)

A.The defendant is you, the person who is being sued, and the plaintiff is the person who is suing you.

B.At the top left of the form under the section labeled Filing Attorney Information or Pro Se Litigant, enter your name, address, daytime phone number and email address. If you are not an attorney, leave the NJ Attorney ID field blank.

C.In the section for plaintiff’s information, enter the plaintiff’s name, address and daytime phone number.

Make sure to check the box if the plaintiff’s address and/or phone number have changed since the initial filing.

D.In the section for defendant’s information, enter the name(s), current address(es) and daytime phone number(s) of the defendant(s) listed on the complaint.

E.On the right side of the form, enter the County and Docket No. assigned to the case by the court. (You can get this information from the complaint filed against you.)

F.In the section below Defendant(s), by way of answer to the complaint, say(s), check the appropriate statement(s), which set forth as it relates to the auto accident, and use the lines provided to briefly describe why the accident alleged in the Complaint was not your fault.

G.Indicate if you want a trial by jury. If so, select the appropriate statement - trial by jury requested or trial by jury requested and I have submitted an application for a fee waiver.

Enclose either a $130 check or money order ($100 for jury and $30 for the Answer filing fee) made payable to the Treasurer, State of New Jersey or your completed application for a fee waiver. (To file a fee waiver use packet 11208 - How to File for a Fee Waiver - All Courts, found on our Self Help Center at njcourts.gov).

H.In the section that states At the trial, Defendant requests, advise the court if you need an interpreter and for what language. Next, indicate if you need an accommodation for a disability and specify the accommodation needed.

I.In the Certification area, check the applicable box in each section, advising the court of any other pending actions involving the same parties. Provide information about those other claims or lawsuits (if any), and advise the court if any other parties should be joined to this lawsuit.

J.IMPORTANT: Carefully review the Certifications made and double check that you have complied with the Certifications before moving to the next step. This means that you must make sure that you do not need to bring anyone else into the case or that you advise the Court if another party should be brought into the case. A frequent example is when a hospital sues a patient for payment of a bill, but the patient believes that the insurance company should pay the bill instead. The insurance company needs to be brought into the case. If you are in a situation similar to this example, DO NOT use this kit, instead use packet 11968 - How to Answer a Complaint in the Special Civil Part with a Counterclaim, Cross-claim and/or Third Party Complaint.

K.If the Answer (Form B) or any of the copies of papers that you attach to the Answer contain a Social Security number, driver’s license number, vehicle plate number, insurance policy number, active financial account number, or active credit card number, you must redact (black out) this information so that it cannot be seen, unless any such personal identifier is required to be included by statute, rule, administrative directive or court order. If an active financial account is the subject of your case and cannot otherwise be identified, you may use the last four digits of the account to identify it. Once you have confirmed that none of these personal identifiers are on the papers that you are filing, you must sign and date the Certification that indicates “I

certify that personal identifiers have been redacted from documents now submitted to the court and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b).”

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Civil - SCP - Answer

NOTE: Do not redact (black out) this information in the original papers that you are keeping since you may have to show them to the court at some point.

L.On the line above Dated, clearly print or type the date on which you sign this form, sign your name on the line above Defendant’s Signature and clearly print or type your name on the line below your signature.

M.If you would like a copy of the documents or papers referred to in the Complaint check the Demand for Production of Documents box located at the bottom of the form.

Review all steps for completion before mailing your forms.

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Form B

NOTICE: This is a public document, which means the document as submitted will be available to the public upon request. Therefore, do not enter personal identifiers on it, such as Social Security number, driver’s license number, vehicle plate number, insurance policy number, active financial account number, or active credit card number.

Filing Attorney Information or Pro Se Litigant:

Name

NJ Attorney ID Number

Address

Telephone Number

Plaintiff’s Name

			Superior Court of New Jersey
Street Address	Check if new address/phone number		Law Division: Special Civil Part
				County
Town, State, Zip Code			Docket Number: DC-
Telephone Number
	vs.			Civil Action
				Answer
Defendant’s Name			(Auto Accident)

Street Address

Town, State, Zip Code

Telephone Number

Defendant(s), by way of answer to the complaint, say(s) (select all that apply):

I / We admit deny that the accident took place on the date stated in the complaint.

I / We admit deny that I was the owner of the vehicle on the date of the accident.

I / We admit deny that I was the operator of the vehicle on the date of the accident.

I / We admit deny that the accident took place at the location stated in the complaint.

The accident alleged in the complaint was not my/our fault because:

Trial by jury requested; an extra $100 cash, check or money order is submitted.

Trial by jury requested; and I have submitted an application for a waiver of the $100.00 fee.

At the trial, Defendant requests:
An interpreter	Yes	No	Indicate Language
An accommodation for a disability	Yes	No	Requested accommodation

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Revised 09/01/2018, CN 11636 (Appendix XI-E)

Form B

Certification

I certify, to the best of my knowledge:

Must check one

that the above matter is not the subject of any other court action or arbitration proceeding now pending or contemplated, or

that the following actions or arbitration proceedings are pending or contemplated

AND

Must check one

that no other parties should be joined in this action; or

that the following persons or entities should be joined in this action

I certify that confidential personal identifiers have been redacted from documents now submitted to the court and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b).

I further certify that this answer was served by me upon all existing parties

Dated

Defendant’s Signature

Defendant's Name - Typed or Printed

Demand for Production of Documents Pursuant to R. 4:18-2. By checking this box, demand is made for production of all documents or papers referred to in the pleading for which this answer is provided, within 5 days of this demand.

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Revised 09/01/2018, CN 11636 (Appendix XI-E)