Free How to Answer a Complaint in the Special Civil Part - New Jersey

Civil ­ SCP Answer Updated September 2009

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.

Civil ­ SCP Answer

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. If you do not file an Answer, a money judgment may be entered against you.

An ANSWER is a written response which explains why you feel you do not owe the money to the other party in the case.

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 page 2 of the summons you received. You must pay $15 to file your Answer. 2. If you have evidence showing that you do not owe the amount claimed, such as receipts, attach copies of those papers to every copy of your Answer. Keep copies of all 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.

Revised 09/1/2009, CN 10542-English (How to Answer a Complaint in the Special Civil Part)

Page 2 of 9

Civil ­ SCP Answer

6. IMPORTANT: If you think you have a COUNTERCLAIM against the plaintiff or a claim against any other person, please contact the clerk's office for information on how to file a counterclaim.

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.njcourtsonline.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 and at www.njcourtsonline.com.

Revised 09/1/2009, CN 10542-English (How to Answer a Complaint in the Special Civil Part)

Page 3 of 9

Civil ­ SCP Answer

THINGS TO THINK ABOUT BEFORE YOU REPRESENT YOURSELF IN COURT

TRY TO GET A LAWYER The court system can be confusing and it is a good idea to get a lawyer if you can. If you cannot afford a lawyer, you may contact the legal services program in your county to see if you qualify for free legal services. Their telephone number can be found in your local yellow pages under "Legal Aid" or "Legal Services." If you do not qualify for free legal services and need help in locating an attorney, you can contact the bar association in your county. Their telephone number can also be found in your local yellow pages. Most county bar associations have a Lawyer Referral Service. The Lawyer Referral Service can supply you with the names of attorneys in your area willing to handle your particular type of case and sometimes consult with you at a reduced fee. There are also a variety of organizations of minority lawyers throughout New Jersey, as well as organizations of lawyers who handle specialized types of cases. Ask the court staff for a list of lawyer referral services that include these organizations. KEEP COPIES OF ALL PAPERS If you do not hire an attorney but represent yourself, be sure to make and keep for yourself copies of all completed forms and any canceled checks, money orders, sales receipts, bills, contract estimates, letters, leases, photographs and other important documents that relate to your case.

WHAT YOU SHOULD EXPECT IF YOU REPRESENT YOURSELF While you have the right to represent yourself in court, you should not expect any special treatment, help, or attention from the court. You must still comply with the Rules of the Court, even if you are not familiar with them. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the 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.

Revised 09/1/2009, CN 10542-English (How to Answer a Complaint in the Special Civil Part)

Page 4 of 9

DEFINITIONS OF WORDS THAT MAY BE USED IN THIS PACKET Answer: An answer is a written response which explains why you think you do not owe the money to the other party in the case. A complaint is a document in which the plaintiff briefly tells the court the plaintiff's account of the facts and the relief the plaintiff wants the court to grant. A counterclaim is a document in which you the Defendant briefly tells the court why you think you are entitled to relief in the case. When the defendant does not appear in court to respond to the complaint or does not file an answer, a judge may decide the case in the plaintiff's favor. This is called a default. Also, if the plaintiff does not show up in court, the court may dismiss the case. The Defendant is the party who is being sued. 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 are a list of questions from a party asking for information about the case. A judgment is the official decision of a court in a case. 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. An order is a signed paper from the judge telling someone they must do something. A party is a person, business or governmental agency involved in a court action. The Plaintiff is the party who starts the lawsuit. The Return Date is the date the plaintiff and defendant are told to appear in court. Service is mailing copies of your papers to the lawyer for the other party or to the other party if there is no lawyer. 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.

Complaint:

Counterclaim:

Default:

Defendant: File:

Interrogatories:

Judgment: Motion:

Order: Party: Plaintiff: Return Date: Service:

Summons:

Revised 09/1/2009, CN 10542-English (How to Answer a Complaint in the Special Civil Part)

Page 5 of 9

HOW TO ANSWER A COMPLAINT IN THE SPECIAL CIVIL PART The numbered steps listed below tell you the form you will need to fill out, and what to do with it. The form should be typed or clearly printed on "8 ½ x 11" white paper only. The form may not be filed on a different size or color paper. STEPS FOR FILING YOUR ANSWER IN THE SPECIAL CIVIL PART STEP 1: Fill out the ANSWER The Answer is a written response explaining why you think you do not owe the money that the person suing you is asking for. STEP 2: Attach the filing fee Attach your check or money order for $15 payable to the Treasurer, State of New Jersey. STEP 3: Where to file the ANSWER The answer must be mailed or delivered to the Office of the Special Civil Part Clerk in the county where the case was filed against you. Look at the summons you received from the court for this address. -- STEP 4: Check your completed form Check your form and make sure it is complete. Remove all instruction sheets. Make sure you have signed the form. CHECKLIST - You must have all of the following items in this order: -- -- Answer Filing fee of $15 in the form of a check or money order. Do not mail cash. You may use cash if you pay in person, but you should keep the receipt you get from the court staff for your records. green receipt card that can serve as proof that you mailed the Answer to the court. Your post office can tell you how to send certified mail, return receipt requested. You must also mail a copy to each party's attorney by regular mail or to each party by certified and regular mail if that party does not have an attorney. If the lawsuit names another person (in addition to yourself) as a defendant, you must also send that person a copy of your Answer.

--

Make enough copies of the Answer so that you will have one for yourself and one for the other parties' attorneys. If the other parties do not have an attorney, then make enough copies so that you have one copy for every party in the case.

Mail or deliver the original answer to the court. Mail or deliver one copy to each of the other parties' attorneys or to each of the other parties if he or she does not have an attorney. Keep at least one copy of the Answer for your own records.

--

--

STEP 5: Mail or deliver your package of completed papers to the court and the other parties in the case You can deliver your Answer in person or you can mail it. If you mail the Answer to the court, we recommend that you use certified mail, return receipt requested. This will provide you with a

STEP 6: You will get a court date for your trial After you file your Answer with the court, you will receive a notice in the mail with the date you must appear in court. The plaintiff will also be notified to appear in court on the same date. You must appear in court on this date; if you do not, the court may find you in default and judgment may be entered against you and you may lose the case. If you cannot make your court date because of circumstances beyond your control, you must contact the court in advance and request that your date be rescheduled. If the plaintiff does not appear, the case may be dismissed.

Revised 09/1/2009, CN 10542-English (How to Answer a Complaint in the Special Civil Part)

Page 6 of 9

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 your answer. You would then have to file a written motion asking the court to reinstate the case and accept your answer to the complaint. The fee is $25 if you make the motion within 30 days of the suppression order; after 30 days, the fee is $75. After 60 days the court may make the suppression order final and then enter a default judgment against you without hearing your side of the case.

SETTLEMENT NEGOTIATIONS The court will likely ask that you attempt to settle your case with the help of a law clerk, court staff person or trained volunteer before you go to trial. 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. 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. 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.

Revised 09/1/2009, CN 10542-English (How to Answer a Complaint in the Special Civil Part)

Page 7 of 9

INSTRUCTIONS FOR COMPLETING FORM A (SPECIAL CIVIL ANSWER) A. B. The defendant is you, the person who is being sued, and the plaintiff is the person who is suing you. At the top left of the form, clearly print or type the plaintiff's name, address and telephone number where indicated. In the area where the defendant's name, address and telephone number are listed, clearly print or type your name, mailing address and day-time telephone number, including area code. (Failure to provide this information may prevent the court from contacting you with important dates and other information.) At the top right of the form, clearly print or type on the blank lines the County and Docket No. assigned to the case by the court. (You can get this information from the complaint filed against you.) In the section below the defendant's name, address and telephone number, check the appropriate statement or statements which set forth why you claim you do not owe the money to the plaintiff. Indicate whether or not you want a trial by jury. If you do, check off where it says, "Trial by jury requested; an extra $50 check or money order is enclosed." You must then enclose an additional $50 check or money order made payable to the Treasurer, State of New Jersey in addition to your filing fee. At the bottom of the form after "Date," 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. IMPORTANT: The Court Rules say you have to sign this statement at the bottom of the form: "I certify that the matter in controversy is not the subject of any other court action or arbitration proceeding, now pending or contemplated, and that no other parties should be joined in this action." This means that you must make sure that you do not need to bring anyone else 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, contact the court before filing your form. 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. 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. Review all steps for completion before mailing your forms.

C.

D.

E.

F.

G.

H.

I.

Revised 09/1/2009, CN 10542-English (How to Answer a Complaint in the Special Civil Part)

Page 8 of 9

Superior Court Of New Jersey Law Division, Special Civil Part County
Plaintiff's Name

Print Forms Clear All Forms

Docket No.
Street Address

Town, State, Zip Code

Telephone Number

vs. CIVIL ACTION
Defendant's Name

Answer

Street Address

Town, State, Zip Code

Telephone Number

Check the appropriate statement or statements below which set forth why you claim you do not owe money to the plaintiff. (1) (2) (3) (4) (5) (6) The good or services were not received. The goods or services received were defective. The bill has been paid. I/We did not order the goods or services. The dollar amount claimed by the plaintiff(s) is incorrect. 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.)

Trial by jury requested; an extra $50 check or money order is enclosed. At the trial Defendant requests: An interpreter: An accommodation for a disability:

Yes Yes

No No

Indicate Language: Requested accommodation:

I certify the matter in controversy is not the subject of any other court action or arbitration proceeding now pending or contemplated, and that no other parties 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 on all other parties within 35 days of the date the summons and complaint were mailed to me as indicated on page 2 of the summons.
Dated: Defendant's Signature

Defendant's Name ­ Type or Printed
Revised 09/1/2009, CN 10542-English (How to Answer a Complaint in the Special Civil Part) Page 9 of 9