What are New Jersey Small Claims Cases and Class Action Lawsuits?

Class action suits in New Jersey are a form of aggregate litigation. When several individuals suffer the same civil wrong, these plaintiffs may seek relief from the judiciary. The outcome of the suit affects every class member. Small claims refer to single litigation, where an individual seeks relief for an injury worth up to $5,000. The court provides information on initiating and processing both types of civil litigations, and court records on these cases are available to interested persons. 

What is a Class Action Lawsuit in New Jersey?

Per N. J. Ct. R. 4:32, a case qualifies as a class-action suit in New Jersey if:

• Joinder of all members is impracticable, i.e., the court cannot examine the testimony of every plaintiff;
• The class members file the suit based on common questions or facts of law;
• The class members have common claims or defenses, and
• The class representative is fair and capable of adequately protecting the members’ interests.

How do I File a Claim in a New Jersey Small Claims Court?

New Jersey judiciary provides systematic instructions for filing small claims in the state. Generally, a small claims case involves a suit seeking damages for civil injury worth up to $5000. A small claims case begins viz:

• Filing the forms: Filing typically begins at the office of the clerk of the Superior Court in the county where the defendant/company resides. The aggrieved party is expected to request and complete a complaint and a civil case information statement (CIS). The plaintiff then submits any additional forms required of them and pays the applicable filing fees.
• Service of Process: The plaintiff serves the defendant with a summons and a copy of the Complaint, CIS, and Track Assignment Notice (TAN) within ten (10) days of filing the complaint. The plaintiff may also contact the sheriff’s office to serve the defendant with the court documents. Upon receipt, the defendant is expected to file an answer within 35 days after service.
• Discovery: The case proceeds to discovery after the plaintiff completes the service of process and the defendant responds with an answer. At this stage, the litigants participate in the exchange of information about the case. The period of discovery depends on the TAN.
• Mediation: A court-ordered mediation is an alternative means for dispute resolution. Here, a third unbiased party works with the litigants to arrive at a mutually beneficial agreement. In some cases, the court may order arbitration. Unlike mediation, in arbitration, the arbiter makes a recommendation after listening to the litigant’s arguments. The parties elect either to accept or reject the settlement agreement. The case proceeds to trial when mediation fails.
• Trial: The court schedules the case for a bench trial or jury trial, depending on the TAN. The court hearing follows the New Jersey Rule of Civil Procedure. The litigants use oral arguments, evidence, and witnesses to corroborate their position. The judge or jury ultimately adjudicates complaints. Nevertheless, the litigants can appeal a court decision within 45 days.

Do I Need a Small Claims Lawyer?

No. Hiring a lawyer is the personal decision of the litigant. An experienced small claims lawyer is a valuable asset in getting favorable judgment or settlement in a small claims case. A rule of thumb is to hire a lawyer if the other party hires one. Nevertheless, a person armed with the right information, resources, and time can accomplish the same objectives. The New Jersey judiciary offer self-help resources for pro se litigants, and counties typically provide legal services and aid to residents who qualify.

How do Class Action Lawsuits Work in New Jersey?

Before a class action suit can begin in New Jersey, several litigants typically aggregate and attest to a common complaint through a class representative. Then, the court certifies the action, which should be maintainable under court rules. Generally, certification is a preliminary hearing where the court considers the validity of the litigation as a class action. A class-action suit is maintainable if it passes the prerequisites in N. J. Ct. R. 4:32(b).

The court rules also require that the court appoint a class counsel. The class attorney and the class representative are responsible for taking subsequent legal actions and negotiating a settlement with the defendant.

Meanwhile, class action suits tend to take longer than single party suits, although the cost of litigation reduces comparatively. The length of time it takes to process a class action suit depends on several factors such as the time it takes to complete the notice, certification, deposition, and discovery.  

Common examples of class action suits in New Jersey involve:

• Antitrust
• Consumer protection
• Consumer fraud
• Labor and compensation disputes
• Shareholder actions

Is a Class Action Better Than a Single Party Suit?

Yes. Class action suits offer several advantages over single-party suits. Apart from saving the judiciary time and resources, class action suits may provide finality and certainty of outcome to the parties involved. Furthermore, class action suits level the justice field for better-funded corporations compared with individuals seeking vindication of small diffuse claims. Likewise, there might be a higher chance that an aggregate of individuals with the same injury will receive a favorable ruling based on the same complaint. Single-party suits may result in inconsistent rulings, which may raise concerns about the fairness of the legal system.

What Cases Are Heard by Small Claims Courts in New Jersey?

Some of the common small claims cases in New Jersey involve:

• Debt and loan repayment
• Personal injury and damage to personal property
• Return of tenant security deposit
• Return of down payment
• Breach of contract

Court records of small claims and class action suits are available to interested persons upon request. To obtain these records, visit the office of the Superior County clerk in person. The requester is expected to provide the necessary information to aid administrative staff in retrieving the requested documents. Requesters may also use the remote public access portal to obtain court records of interest. 

New Jersey public records may also be accessed through third-party websites. These sites expedite the record retrieval process by aggregating records generated across several jurisdictions and allowing users to perform multi-record searches. To use a third-party site, the inquirer may be required to provide the following information:

• The name of the record subject, unless said person is a juvenile
• The location or assumed location of the record or person involved, including information such as the city, county, or state that person resides in or was accused in.

Third-party sites are managed independently of government sources and are not sponsored by these agencies. Consequently, the availability, accuracy, and/or validity of some records may not be guaranteed.