New Jersey · Unpaid personal loan

Unpaid personal loan in New Jersey small claims

Friend or family owes you money? Recover it in small claims.

Lending money to a friend or family member without repayment can lead to a small claims case. You do not need a formal promissory note to sue, but having written evidence of the loan — even text messages or emails confirming the amount and a promise to repay — dramatically strengthens your case. The key elements are proving the loan was made, the amount, and that repayment was due.

In New Jersey, small-claims cases are heard in the Small Claims Section of the Special Civil Part (Superior Court, Law Division) and you can sue for up to $5,000 (including a suit to recover a security deposit).

Good to know: Small Claims is one of three sections within the Special Civil Part Court (the others are Landlord Tenant and the regular Special Civil Part). It is formally part of the Superior Court of New Jersey, Law Division, Special Civil Part, Small Claims Section, as shown on the official complaint form. Claims over $5,000 but not more than $20,000 go to the regular Special Civil Part; claims over $20,000 go to the Civil Part of the Law Division.

Unpaid personal loan: steps that matter

1. Gather all evidence of the loan: bank transfers, cash-withdrawal records, texts, emails, or any written note agreeing to repay.
2. Calculate the amount owed including any agreed interest, and confirm when repayment was supposed to occur.
3. Send a written demand for repayment with a clear deadline and keep proof you sent it.
4. Confirm you are within the statute of limitations below before filing — the clock may have started from the repayment due date.
5. File in the court where the defendant lives or where the loan was agreed to.

Filing your Small Claims Complaint (Form A) filed together with a Small Claims Summons and Return of Service (Form B) in New Jersey

1. Complete the Small Claims Complaint and Summons. Fill out the Small Claims Complaint (Form A) and Small Claims Summons (Form B). Give your full name, address and telephone number; the correct name(s) and address(es) of the defendant(s), properly identified as an individual, sole proprietorship, partnership or corporation; the amount of money for which you are suing; and the reason the defendant owes you money. Do not include confidential personal identifiers (e.g., Social Security, driver's license numbers).
2. Determine the correct county (venue). File in the Office of the Special Civil Part of the county where at least one defendant lives or where the defendant's business is located. If no defendant lives or is located in New Jersey, file in the county where the cause of the complaint occurred. A list of Special Civil Part Offices is available at njcourts.gov.
3. Sign, date, and attach the filing fee or a fee-waiver request. Sign and date the completed complaint. Include the correct filing and service fees, or apply to the court to qualify as indigent so the judge may waive the filing fees. Make checks/money orders payable to 'Treasurer, State of New Jersey.'
4. Submit the complaint and summons. File by uploading the documents into the Judiciary Electronic Document Submission (JEDS) system, by mail, or in person at the appropriate Special Civil Part Office.
5. Await your court date. After filing, the court mails the complaint and summons to the defendant(s) and the plaintiff is notified of the trial date. The plaintiff must attend the trial at the time and date stated on the summons and bring all witnesses, documents, and evidence.

Filing fees: Filing and service fees are set locally and vary; confirm the current amount with the court. A fee waiver is available if you cannot afford the costs.

Deadline that applies to your unpaid personal loan

A personal loan is a contract or debt claim — you lent money on a promise to repay. If you have a written loan agreement, the written-contract statute of limitations typically applies. If the loan was only a verbal agreement, the oral-contract or debt period usually governs. The limitations clock generally starts from the date repayment was due or the last payment made.

Written contract: 6 years (N.J.S.A. 2A:14-1)

Answering a lawsuit: No written answer is required in Small Claims; the defendant must appear in person at the trial on the date and time stated on the summons. Failure to appear may result in a default judgment.

Serving the defendant: After the complaint is filed, the court mails the complaint and summons to the defendant(s) (service is typically by certified and regular mail for a fee, or by personal service by a Special Civil Part Officer). The plaintiff does not serve the defendant personally.

Appeals: Either party may appeal to the Appellate Division of the Superior Court within 45 days from the date the final decision is rendered. A $250 filing fee is paid with the Notice of Appeal, plus a $300 deposit with the Clerk of the Appellate Division within 30 days; a trial transcript must also be obtained.

All New Jersey small-claims deadlines

The table below lists the filing deadlines Small Claims Section of the Special Civil Part (Superior Court, Law Division) applies by claim category. Confirm the exact rule that applies to your unpaid personal loan claim with your court before relying on any figure.

New Jersey small-claims forms for your unpaid personal loan case

These forms are published by the Small Claims Section of the Special Civil Part (Superior Court, Law Division). Download and complete them before filing.

• Small Claims Packet (Non-Motor Vehicle) - Complaint, Summons & Instructions (CN 10151): Complete self-help kit to start a non-motor-vehicle small claims case: includes the Small Claims Complaint (Form A), the Small Claims Summons and Return of Service (Form B), step-by-step filing instructions, and completion instructions.
• Small Claims Packet (Motor Vehicle) - Complaint, Summons & Instructions (CN 10148): Self-help kit with complaint, summons and instructions for a small claims case arising from a motor vehicle accident (use instead of the non-motor-vehicle packet for car-accident property-damage/injury claims).
• How to File for a Fee Waiver - All Courts (CN 11208): Application to ask the court to waive filing/service fees if you cannot afford them (qualify as indigent).
• Small Claims Frequently Asked Questions (CN 11482): Official Small Claims guide/FAQ explaining what can be filed, where and how to file, fees, trial, and appeals.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: NJ Courts - Lawsuits $5,000 or less (Small Claims) self-help page. Last reviewed 2026-06-23.