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How to employ The New Jersey Complaint Form ?

hi I'm Peter Lamont a new.business and personal law attorney I'd.like to welcome you to this edition of.practical law now there are times when.you need to file a lawsuit and the.damages that you're seeking are $15,000.or below in some cases it might be very.low 150 or 200 dollars and it might not.make financial sense for you to hire an.attorney in those cases you're looking.at filing a lawsuit in New Jersey's.special Civil Division and there are.forms that you can fill out to initiate.the case so today we're going to take a.look at filling out a summons and.complaint in the special civil part of.the Superior Court in New Jersey okay so.we're going to take a look at now.filling out the special civil part.complaint and summons before we get into.filling out the forms I want to make a.couple points first of all when can you.use these forms well you can use them.for legal matters that involve property.damage breach of a verbal or written.contract defective merchandise that you.might have purchased a landlord who.refuses to give you a security deposit.back if you've done work and you've not.been paid for it a a whole host of.things that you can sue for but there.are a couple things that you cannot use.this special civil part form for and.they include a claim for child support.and/or alimony.and claims arising from a probate matter.a prerogative rent or a claim for.equitable relief so those are things you.cannot bring in the special civil part.for all else you can use this form now.one more thing special civil has a cap.of fifteen thousand dollars for what you.can recover in the special Civil.Division in other words if your case has.a value greater than fifteen thousand.dollars you cannot recover beyond the.fifteen thousand so in other words if.your case is valued at twenty thousand.and you want to sue in special civil you.can do so but your.not going to get more than $15,000 if.it's above the fifteen thousand dollar.limit most people file in the law.Division not in the special civil part.but it's a strategy decision it's a.financial decision is it worth a quick.trial date is it worth a reduced fee to.file in special civil even if I'm going.to lose a little money that's a personal.decision if you're having that issue you.should probably talk to a lawyer just to.get some feedback but for the most part.we're going to look at cases that are.$15,000 and under and we're going to use.for the purposes of this instruction a.scenario whereby you paid Bob at Bob's.painting to do work on your house to do.some painting he had you sign a written.contract you did so and he took your.money but he never showed up to do the.job so now we're going to sue Bob.okay the damages that you have or a.thousand dollars that's what the.contract was so you're out a thousand.dollars you say to yourself I want to.get my money back but I don't want to.pay a lawyer because it's going to cost.me too much money and I don't want to.you know spend money that I shouldn't be.spending when I can do it myself.all right that's your choice so you're.gonna figure out now what do i do what.do i sue well you're going to sue in a.special civil part and you're gonna use.complaint form a now a complaint is the.way that you tell the court what the.legal issue is a summons which we're.going to get to in a second here's what.the summons looks like that alerts the.defendant that hey you're being sued now.you've got to do something so let's go.back to the complaint for a second all.right let's look at what we're gonna.fill out here first things first you are.the plaintiff you're suing Bob's.painting so your name here your street.address town state zip code and.telephone number who are you suing well.in this case it's going to be Bob if.Bob's painting let's assume just for.simplicity sake that Bob's painting is.not an entity it's not an LL.see it's just a guy Bob who says hey I'm.Bob's painting so you don't need to sue.his company you're just suing Bob you're.gonna put his street address town city.zip and then the telephone number now.I'm going to mention this again in the.summons section but be very careful that.you enter the defendants address.correctly because the court is going to.look to what information you have.provided as to the address where they're.going to send the summons and complaint.- that's called service they're gonna.send via the mail a copy of your summons.and complaint that will alert the.defendant that he is or she is being.sued in this case it's a he cuz it's Bob.he's being sued and that he has 35 days.to file an answer otherwise you the.plaintiff will be entitled to a default.judgment once that service happens your.case is under way but until service.happens all you've done is preserved.your statute of limitations by filing.the case so this is really really.critical to make sure you've got the.right address now up here we're going to.select the county in which county are.you going to sue well let's say for.example that you live in Bergen County.and so does Bob so you're gonna select.Bergen County the docket number you.don't need to do anything with because.the court will fill in that document or.the docket number for you now let's go.down to the reason why you're suing now.as you see here it says you can attach.more sheets if you need to oftentimes.people make the mistake of saying all.right what's my cause of action I had a.contract with him he didn't do it he.said breach of contract so I'm just.gonna type in breach of contract that's.my entire case right there while it.might be acceptable it's not advisable.what I suggest you do is to give more of.a narrative more of a description On.June 1st I hired Bob to do painting in.my house I signed a contract with Bob.and I paid Bob $1,000 Bob never showed.up to do the work my house still isn't.painted.here's a copy of the contract I'm.looking for my money back that is.important for two reasons first of all.it lets the judge and the law clerk and.the court in general understand why.you're suing him not just simply breach.of contract that doesn't tell us.anything the other potential benefit.that it has is that when the defendant.gets served with a lawsuit Bob's going.to be able to clearly understand what.the issue is if bob is smart Bob will.say oh shoot I get all these things and.I don't really have a defense so I.better settle with him or hire the.plaintiff and and either give all the.money back or maybe they'll accept.partial money back and if bob goes out.and hires a lawyer if he's a good lawyer.he or she will suggest to Bob hey listen.you have no defense here's the causes of.action that are alleged you should give.the money back so there's that that.hidden benefit of making sure the.defendant understands why you're suing.him now you go down here to the amount.that you the plaintiff are demanding.well we know that Bob charged you a.thousand dollars that is the amount that.you're requesting plus interest don't.worry about this because the court will.calculate this based upon the statutory.interest rate so you don't need to worry.about that now they want to know the.cost for suing because you're entitled.to reimbursement of that what that means.is that you're going to pay a certain.amount to the court to file the.complaint and to have the court serve.the complaint and you're entitled to.recoup that money how do you figure that.out well the court will provide you with.a worksheet looks like this it's called.instructions for computing filing fee if.your case is below three thousand.dollars the cost to file the case is.thirty two dollars now in our case we're.suing Bob for a thousand so we're going.to enter in here thirty two dollars we.don't have any additional defendants so.that's going to be a zero and then we.have to pay for mail service seven.dollars for each defendant we only have.one so it's.$7.00 now we come down to the jury trial.fee the decision whether or not to have.a jury trial is a legal strategic.decision sometimes a case would require.the sympathy of a jury.you wouldn't want just a judge to look.at it other times it's something that's.so straightforward where you don't need.a jury you don't want any sympathy you.don't want anybody's personal you know.feelings that you don't need to present.evidence to them the judge can handle it.and it's a semi complicated decision as.to whether or not you are going to.select a jury trial but when you're.dealing with low dollar amount cases.most people tend to say I don't want to.spend the additional $50 so I'm going to.just waive the jury trial and ultimately.if you do so you're gonna have a judge.deciding the issue which is fine for.certain cases in this case it's a breach.of contract claim and it's really.straightforward because we have the.signed contract we have our cancelled.check so showing that we paid Bob we.don't need a jury to look at this the.judge can easily decide it so what's my.total gonna be well my total is going to.be thirty two plus seven thirty nine.dollars so now I can go back to my.complaint and I can enter in thirty nine.dollars for the cost of suing I'm almost.done with this form just a couple more.things so we go down here do you need an.interpreter well in this case we don't.now if you did you'd click yes and.indicate the language and an interpreter.would be provided for you do you have a.disability that requires a special.accommodation in this case we're.learning to say no now you look at these.last two certifications by signing this.document your first certifying that the.matter which you're suing about is not.the subject of another court case or.arbitration this is a genuine new matter.that you're bringing before the court.you know it's not like you have an.arbitration of the same thing and you're.trying to get double the relief or you.know it's the first time that this is.being brought.essentially so you're certifying that.and then you're also certifying that any.confidential information is being.redacted what does that mean well let's.assume for a second that you are going.to attach a copy of the contract to your.complaint and for whatever reason Bob.decided that since he didn't have a home.improvement contractors license number.he'll put his social security number.down.well this rule right one colon 38-7 B.says that you should not submit personal.information it needs to be redacted or.crossed out all right so essentially.redacted means just that revise it cross.it out cover it up so that you can't see.it.now the type of information that you.would want to redact is obviously Social.Security numbers bank account.information confidential information.that you would not obviously want.disclosed needs to be redacted if you.want more guidance on that you can look.at the rule rule 1 : 38-7 be all right.then you obviously date the document and.you sign it and you type your name.that's it you're done with the complaint.now the complaint lets the court know.what your legal issues are but now you.need to let the defendant know that.you're suing him or her in this case.we're suing Bob so we need to prepare a.summons and this is form B of the.special civil part and you're going to.go up here you're going to do just like.you did on the complaint you're going to.type your name plaintiff your address.your telephone number your name again.remember you are the plaintiff and then.you're going to put in bob's information.so Bob's painting then you're going to.come up here and you're going to fill.out the top part so what's your demand.amount well we know it's a thousand.dollars because that's what your.contract was the filing fee we know from.the previous page and from the worksheet.is $32 plus the service fee is $7 to.serve one defendant there are no.attorneys fees because you're not an.attorney you're handling this pro se and.you put your total amount that you're.seeking to recover which is one thousand.thirty-nine dollars now we go down here.again we select the county you and Bob.are in Bergen so we're going to select.Bergen this you can leave blank.docket number it says right here that.the court will provide it so you don't.need to worry about that then you need.to go down here and you need to check.off whether or not it is a contract case.or a tort case all right so in this case.I'm going to click contract because this.case arises out of.breach of contract between you and Bob.Bob breached the contract now a tort is.negligence action or it's a product.liability action it could be a civil.assault or civil battery defamation you.know some sort of intellectual property.dispute that would be considered a tort.everything else will you've got an oral.or written agreement is contract now.you're going to go down here and you're.going to in cert Bob's information.including his full address and like I.told you on the complaint this part is.critical because the court is going to.look at the summons as the only means.that they have to mail this information.to Bob if you put the wrong address he's.not going to get it and if he's not.served your case doesn't go anywhere you.may have filed the complaint but if it.doesn't get served on Bob nothing.happens now this section down here is.not for you to worry about this is all.for the court to fill in so that's it.then now you've completed the summons.and the complaint all right and now what.do you do with it well honestly what I.would recommend is that you do a cover.letter to the court address to the clerk.advising what you're doing I mean.obviously a clerk's going to get a.summons and complaint and understand it.needs to be filed but it's so much.better for you for your records and for.the clerk if you do a cover letter that.says dear Clark attached please find the.summons and complaint and I'm submitting.it for filing now there's one other.thing that you need to include and that.is your payment because you need to pay.for the filing and service you need to.write a check for the thirty nine.dollars you write the check payable to.the Treasurer state of New Jersey and.you if I were you I'd write it in the.memo exactly what this is for filing fee.for case against Bob and you attached.your check to your cover letter which.can also.mention the fact that the filing fee is.enclosed your summons your complaint.once you submit all of that to the clerk.they'll take your check they'll cash it.they'll process your paperwork they'll.mail out the summons and complaint to.the defendant and assuming that he or.she receives the mail they're served I.mean the only reason that somebody.wouldn't be served as if you had the.wrong address they had moved and you.didn't know it but service is considered.effectuated once the special civil court.mails out the letter and you know the.the recipient Bob will get a letter in.the mail that says here's the summons.you've been sued here's the complaint.they'll be able to look at the.allegations and then he'll either.contact you to try to resolve it or.he'll get an attorney to attempt to.defend it but in any event this is all.you need to do to start your case in the.special civil part well I hope that you.found today's video helpful and that we.explain the basics of filling out a.special civil summons and complaint if.you have any questions about this topic.or other topics please feel free to give.us a call the phone number is 973 nine.forty nine three seven seven zero or you.can email me at info at Peter Lamont esq.dot-com remember before doing anything.on your own speak to an attorney see if.an attorney is affordable if you believe.you need to have the representation of.an attorney before you handle any matter.on a pro se basis thanks for joining me.and I'll see you next time.

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New Jersey Complaint Form FAQs

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I’m being sued and I’m representing myself in court. How do I fill out the form called “answer to complaint”?

If you are confused on how to sue or how to answer a complaint, US Legal Forms has all the on line forms you need to file a complaint, including a free preview of a complaints form sample before downloading. Legal Complaint Forms

How do I fill out the New Zealand visa form?

Hi, Towards the front of your Immigration Form there is a check list. This check list explains the documents you will need to include with your form (i.e. passport documents, proof of funds, medical information etc). With any visa application it’s important to ensure that you attach all the required information or your application may be returned to you. The forms themselves will guide you through the process, but you must ensure you have the correct form for the visa you want to apply for. Given that some visa applications can carry hefty fees it may also be wise to check with an Immigration Adviser or Lawyer as to whether you qualify for that particular visa. The form itself will explain which parts you need to fill out and which parts you don’t. If you don’t understand the form you may wish to get a friend or a family member to explain it to you. There is a part at the back of the form for them to complete saying that they have assisted you in the completion of it. If all else fails you may need to seek advice from a Immigration Adviser or Lawyer. However, I always suggest calling around so you can ensure you get the best deal.

How do I fill out the SS-4 form for a new Delaware C-Corp to get an EIN?

You indicate this is a Delaware C Corp so check corporation and you will file Form 1120. Check that you are starting a new corporation. Date business started is the date you actually started the business. Typically you would look on the paperwork from Delaware and put the date of incorporation. December is the standard closing month for most corporations. Unless you have a significant business reason to pick a different month use Dec. If you plan to pay yourself wages put one. If you don't know put zero. Unless you are fairly sure you will owe payroll taxes the first year check that you will not have payroll or check that your liability will be less than $1,000. Anything else and the IRS will expect you to file quarterly payroll tax returns. Indicate the type of SaaS services you will offer.

What's the most effective way to stop SEM brand-jacking on Bing and Google beyond going online to formally fill out a complaint?

I had experience with Bing and Google stopping our brand name usage in competitor's ads, in both cases I used online form to contact Bing and Google ad approval teams. The responses from Bing and Google reps were really fast, it took less than 2 business days. Another solution is to create a special group of keywords and ads that contain your brand name and to bid higher than average on these keywords. So when a person searches for your brand product, the first thing that pops up is your ad. Thus, you can supersede your competitors. Besides, if you have resellers or affiliates, you can set special rules for them and forbid online advertising on brand keywords.

How do you get a restraining order against someone in the U.S.?

This doesn't answer your question specifically, but I don't think it really matters which state is easiest because you won't be able to just shop for the easiest venue. You have to apply for something like that in a court that has jurisdiction over you. That generally means the state in which you reside. The lawyers here can explain it better.

How do I file a complaint against an auto repair?

Complete the Consumer Complaint Form (K-35 form) online and print. Print two copies of form -- be sure to sign both. Send one copy to the DMV Consumer Complaint Center and the other copy to the dealer or repairer that the complaint is concerning.

Do military members have to pay any fee for leave or fiancee forms?

First off there are no fees for leaves or requests for leave in any branch of the United States military. Second there is no such thing as a fiancée form in the U.S. military. There is however a form for applying for a fiancée visa (K-1 Visa)that is available from the Immigration and Customs Service (Fiancé(e) Visas ) which would be processed by the U.S. State Department at a U.S. Consulate or Embassy overseas. However these fiancée visas are for foreigners wishing to enter the United States for the purpose of marriage and are valid for 90 days. They have nothing to do with the military and are Continue Reading

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