Custodian · Life of an action · Line 11 of 16

A Special Civil or small claims case The life of a Special Civil or small claims case in New Jersey, step by step: every station, its clock, and the Rule of Court behind it

StationsSC1 to SC9 · 3 branches · checked 2026-09-02

The county courthouse's line for smaller money cases. The main line runs from a complaint the clerk serves by mail through the 35-day answer, default, a short discovery period, the trial date, judgment, and collection by information subpoena and execution. A small claim, $5,000 or less, rides its own short rail with no written answer and a return day instead of a trial notice, rejoining at trial; a claim that has outgrown the $20,000 limit leaves for the Law Division by a spur; a default has a spur of its own for the motion to vacate, which rejoins at trial.

The line at a glance

Every stop the paper makes, in order. Tap a stop to jump to it.

SC1Complaint and summonsFiled with the clerk at the principal location of the Special Civil Part; summons issued by the clerk on filing; fees paid in advance
1. If the claim is $5,000 or less: Sm1 to Sm2, then back at SC6.
2. Sm1Small claims complaint and summonsReturn day set in the summons: not less than 5 business days nor more than 30 days from service
3. Sm2Return dayDisposed of on the return day unless the court adjourns it; a defendant's jury demand and fee at least 5 days before the return day
1. If the claim will exceed the $20,000 limit: T1, then back at SC7.
2. T1Transfer to the Law DivisionAfter commencement and before the trial date; the Special Civil Part transmits the file on presentation of the transfer order
SC2The clerk serves by mailMailed by the clerk, certified and ordinary at once, within 12 days of filing
SC3Answer within 35 daysAnswer, with any counterclaim, within 35 days after service is complete; no extension by consent; jury demand within 10 days after the answer was due
SC4Default and default judgmentDefault entered by the clerk on the date the postcard named; judgment applied for within 6 months of default; debtor told by mail within 7 days of entry
1. If a default was entered and the defendant wants back in: V1, then back at SC6.
2. V1Motion to vacate the defaultBy consent, within 30 days of the default, the clerk removes it; otherwise by motion, within a reasonable time and, for mistake, new evidence or fraud, not more than one year after the judgment
SC5Interrogatories and discoveryInterrogatories served and answered within 30 days each; all discovery done within 90 days of the defendant's answer
SC6Trial date, and settlement on the dayTrial date given by the clerk at least 30 days ahead; the case is meant to end on that date
SC7JudgmentTakes effect the moment the clerk notes it on the jacket; costs taxed by the clerk
SC8Information subpoenaAnswers due back within 14 days of service; not more than once in six months without leave; enforcement motion within six months of the default
SC9Execution: wages, bank, goodsDebtor's written objection to a wage execution within 10 days of the notice; officer gives 30 days' notice before returning a writ unsatisfied; execution on personal property before any sale of real property

Drawn as a map

Stop by stop

SC1 Complaint and summons

Clock: Filed with the clerk at the principal location of the Special Civil Part; summons issued by the clerk on filing; fees paid in advance

A civil action for money is cognizable in the Special Civil Part when the amount in controversy does not exceed $20,000; ask for more and the excess is waived on judgment. The plaintiff files the complaint and hands the clerk the Special Civil (DC) summons from Appendix XI-A(1) with it. The caption names the nature of the action, and a suit on an assigned debt must name the original creditor and the chain of assignment. The clerk issues the summons; original process requires an answer at a specific time.

What the rule says 5 sources

“Civil actions (exclusive of professional malpractice, probate, and matters cognizable in the Family Part of the Chancery Division or Tax Court) seeking legal relief when the amount in controversy does not exceed $20,000;”
R. 6:1-2(a) · as code

“The plaintiff shall, when filing the complaint, furnish the clerk with the summons as set forth in Appendix XI-B for tenancy actions, with the summons as set forth in Appendices XI-A(1) for Special Civil (DC) actions, and with the summons as set forth in Appendix XI-A(2) (page 2 only) for Small Claims actions.”
R. 6:2-2(a) · as code

“Original process shall issue out of the court and shall require an answer or an appearance at a specific time.”
R. 6:2-2(a) · as code

“For classification by the clerk, the caption of the summons and complaint shall state the nature of the action (e.g., "contract", "tort", "replevin", "disorderly tenant", "non-payment of rent", "holdover tenant", etc.). The clerk shall endorse upon each summons the sum demanded in the complaint, with costs.”
R. 6:3-2(a) · as code

“Where the amount recoverable on a claim exceeds the monetary limit of the Special Civil Part or the Small Claims Section, the party asserting the claim shall not recover a sum exceeding the limit plus costs and on the entry of judgment shall be deemed to have waived the excess over the applicable limit.”
R. 6:1-2(c) · as code

Fork. If the claim is $5,000 or less, the paper leaves the main line here for Sm1 and comes back at SC6.

Fork. If the claim will exceed the $20,000 limit, the paper leaves the main line here for T1 and comes back at SC7.
SC2 The clerk serves by mail

Clock: Mailed by the clerk, certified and ordinary at once, within 12 days of filing

In the Special Civil Part the plaintiff does not hire a process server first. The plaintiff gives the clerk the addresses and the copies; the clerk mails the summons and complaint to each defendant by certified and ordinary mail at the same time, then sends the plaintiff a postcard with the docket number, the mailing date and the date default will be entered. The mailing is good service unless the post office sends it back marked undeliverable; certified mail returned unclaimed or refused still counts if the ordinary mail did not come back. If mail fails, the clerk sends a second card and the plaintiff asks for reservice by mail or by a court officer in person.

What the rule says 4 sources

“The clerk of the court shall simultaneously mail such process by both certified and ordinary mail. A plaintiff or attorney shall submit to the clerk the mailing addresses of parties to be served and the appropriate number of copies of the summons and complaint.”
R. 6:2-3(d) · as code

“Process shall be mailed within 12 days of the filing of the complaint. The clerk thereafter shall send a postcard to plaintiff or the attorney showing the docket number, date of mailing and a statement that, unless the plaintiff is otherwise notified, default will be entered on the date shown.”
R. 6:2-3(d) · as code

“Consistent with due process of law, service by mail pursuant to this rule shall have the same effect as personal service, and the simultaneous mailing shall constitute effective service unless the mail is returned to the court by the postal service with a marking indicating it has not been delivered such as “Moved, Left No Address,” “Attempted-Addressee Not Known,” “No Such Number/Street,” “Insufficient Address,” “Not Deliverable as Addressed-Unable to Forward,” or the court has other reason to believe that service was not effected. However, if the certified mail is returned to the court marked “unclaimed” or “refused,” service is effective provided that the ordinary mail has not been returned.”
R. 6:2-3(d) · as code

“If service cannot be effected by mail, the clerk shall send a second card to the plaintiff or attorney stating the reasons for incomplete service and requesting instructions for reservice.”
R. 6:2-3(d) · as code
SC3 Answer within 35 days

Clock: Answer, with any counterclaim, within 35 days after service is complete; no extension by consent; jury demand within 10 days after the answer was due

The defendant has 35 days from completion of service to serve an answer, and any counterclaim goes in it. The Part IV rule that lets the parties agree to more time does not apply here, and the 90-day windows for a motion to dismiss, a cross claim or a third-party complaint shrink to 30. A defendant without a lawyer who simply appears is treated as having answered. Either side who wants a jury files a written demand with the clerk and pays the fee within 10 days after the answer was due, or the jury is waived.

What the rule says 4 sources

“a defendant who is served with process whether within or outside this State shall serve an answer including therein any counterclaim within 35 days after completion of service; (2) extension of time for response by consent provided by R. 4:6-1(c) shall not apply;”
R. 6:3-1 · as code

“an appearance by a defendant appearing pro se shall be deemed an answer;”
R. 6:3-1 · as code

“In actions commenced in the Special Civil Part a written demand for trial by jury shall be filed with the clerk at the principal location of the court and served upon opposing parties not later than 10 days after the time provided for the defendant to answer;”
R. 6:5-3(a) · as code

“A trial by jury shall be deemed to be waived unless a demand therefor has been filed in the time and manner herein provided and unless the party demanding the same has, at the time of making such demand, paid the required fee therefor.”
R. 6:5-3(b) · as code
SC4 Default and default judgment

Clock: Default entered by the clerk on the date the postcard named; judgment applied for within 6 months of default; debtor told by mail within 7 days of entry

If no answer or appearance comes in, the clerk enters default. For a sum certain the clerk also enters judgment, on the plaintiff's request and an affidavit itemizing the claim, the interest, the credits and the net amount, sworn within the last 30 days, with a copy of the note, contract or account attached and a statement of where the service address came from. A claim that is not a fixed sum goes to the court for proof. Wait more than six months after default and judgment needs a motion. When judgment enters, the clerk tells the creditor, and the creditor has seven days to tell the debtor by ordinary mail. If the mail later comes back undeliverable, the clerk vacates the default on its own.

What the rule says 5 sources

“When a party against whom affirmative relief is sought has failed to appear, plead or otherwise defend as provided by law or these rules, or has failed to appear at the time fixed for trial, or if the party's answer is stricken on order of the court, the clerk shall enter the party's default.”
R. 6:6-2 · as code

“If the plaintiff’s claim against a defendant is for a sum certain or for a sum that can by computation be made certain, the clerk on request of the plaintiff and on affidavit setting forth a particular statement of the items of the claim, the amounts and dates, the calculated amount of interest, the payments or credits, if any, the net amount due, and the name of the original creditor if the claim was acquired by assignment, shall enter judgment for the net amount and costs against the defendant, if a default has been entered against the defendant for failure to appear and the defendant is not a minor or mentally incapacitated person.”
R. 6:6-3(a) · as code

“If a party entitled to a judgment by default fails to apply therefor within 6 months after entry of default, judgment shall not be entered except on motion to the court and all applicable proofs required under R. 6:6-3(a) through (c) shall be attached to the moving papers.”
R. 6:6-3(d) · as code

“At the time a default judgment is entered, the clerk shall notify the judgment-creditor or judgment-creditor's attorney of the effective date and amount of the judgment. Upon receipt of the notice, the judgment-creditor shall notify the judgment-debtor within 7 days by ordinary mail of the effective date and amount of the judgment.”
R. 6:6-3(e) · as code

“If process is returned to the court by the postal service subsequent to entry of default and displays any of the notations listed in the preceding paragraph, or other reasons exists to believe that service was not effected, the clerk shall vacate the default or default judgment and shall immediately notify the plaintiff or attorney of the action taken.”
R. 6:2-3(d) · as code

Fork. If a default was entered and the defendant wants back in, the paper leaves the main line here for V1 and comes back at SC6.
SC5 Interrogatories and discovery

Clock: Interrogatories served and answered within 30 days each; all discovery done within 90 days of the defendant's answer

Discovery here is the Part IV discovery on a short clock. Interrogatories may be served under R. 4:17, but the 40 and 60 days for serving and answering are each cut to 30. In an auto negligence or personal injury case the only interrogatories are the standard Appendix II forms, demanded in the pleading itself. Requests for admissions and document production apply as in Part IV. A case that could have been a small claim but was filed on the main line gets ten questions a side. Everything must be finished within 90 days of the answer unless a motion for more time is granted before the 90 days run out.

What the rule says 4 sources

“The 40- day and 60-day periods prescribed by R. 4:17-2 and R. 4:17-4, respectively, for serving and answering interrogatories shall, however, be each reduced to 30 days in Special Civil Part actions.”
R. 6:4-3(a) · as code

“The provisions of R. 4:22 (admission of facts and genuineness of documents) shall apply to actions in the Special Civil Part.”
R. 6:4-3(d) · as code

“Any action filed in the Special Civil Part that is cognizable but not pending in the Small Claims Section may proceed with discovery, but each party is limited to serving interrogatories consisting of no more than [five] ten questions without parts.”
R. 6:4-3(f) · as code

“shall be completed as to each defendant within 90 days of the date of service of that defendant's answer, unless on motion and notice, and for good cause shown, an order is entered before the expiration of said period enlarging the time for such proceedings to a date specified in the order.”
R. 6:4-5 · as code

Side noteSome people file a motion to dismiss or suppress here, when the other side never answered the interrogatories. The notice must carry the rule's own warning, and the target has 10 days to answer the questions or respond to the motion.

What the rule says

“all notices of motion to dismiss or suppress for failure to answer interrogatories must also state: "We are requesting that your complaint be dismissed or your answer not be considered for failure to answer the interrogatories (questions) we sent you. In order to avoid this you must, within 10 days, either (a) send us answers to the questions and inform the court in writing that you have fully answered the questions; or, (b) respond to the motion. If you choose to respond, you must state your opposition in writing and send copies to us and to the court."”
R. 6:3-3(c) · as code
Side rail. If the claim is $5,000 or less: Sm1 to Sm2, off the main line at SC1.
1. Sm1 Small claims complaint and summons
  
  Clock: Return day set in the summons: not less than 5 business days nor more than 30 days from service
  
  A contract or tort claim, or a landlord-tenant claim for rent, a security deposit or money damages, of $5,000 or less belongs in the Small Claims Section. The plaintiff files the complaint with page 2 of the Appendix XI-A(2) summons. Instead of directing the defendant to answer, the summons names a time and place to appear and state a defense; there is no written answer at all in small claims. A business may send an officer or employee rather than a lawyer to prosecute or defend its own claim.
  
  What the rule says 4 sources
  
  “Small claims actions, which are defined as all actions in contract and tort (exclusive of professional malpractice, probate, and matters cognizable in the Family Division or Tax Court) and actions between a landlord and tenant for rent, return of all or part of a security deposit, or money damages, when the amount in dispute, including any applicable penalties, does not exceed, exclusive of costs, the sum of $5,000.”
  R. 6:1-2(a) · as code
  
  “in landlord and tenant actions for the recovery of premises, summary ejectment and unlawful entry and detainer actions, and actions in the Small Claims Section, in lieu of directing the defendant to file an answer, the summons or signed order to show cause used as original process, shall require the defendant to appear and state a defense at a certain time and place, to be therein specified, which time shall be not less than 21 days in summary dispossess actions and not less than 5 business days, nor more than 30 days from the date of service of the summons in small claims actions, and shall notify the defendant that upon failure to do so, judgment by default may be rendered for the relief demanded in the complaint.”
  R. 6:2-1 · as code
  
  “no answer shall be permitted in summary actions between landlord and tenant, summary ejectment and unlawful entry and detainer actions or in actions in the Small Claims Section;”
  R. 6:3-1 · as code
  
  “any authorized officer or employee may prosecute and defend on behalf of a party which is a business entity, whether formally incorporated or not, claims originating with and not held by transfer or assignment to that business entity, provided that such officer or employee is neither a suspended or disbarred attorney nor one who has resigned.”
  R. 6:11 · as code
2. Sm2 Return day
  
  Clock: Disposed of on the return day unless the court adjourns it; a defendant's jury demand and fee at least 5 days before the return day
  
  The return day is the trial. The case is heard and decided that day unless the court adjourns it, and the vicinage's mediation program applies, so the parties may be sent to a mediator first. There are no interrogatories in small claims. Two things push a case out of the section and onto the main line: a defendant who files a jury demand and pays the fee at least five days before the return day, and a counterclaim for more than the small claims limit, on payment of the fees. Either way the case rejoins at the trial station.
  
  What the rule says 4 sources
  
  “Notice in the Small Claims Section shall be by summons as provided by R. 6:2-1, and actions in such Section shall be disposed of on the return day unless adjourned by the court.”
  R. 6:11 · as code
  
  “The general rules of practice and procedure in the Special Civil Part, including the provisions of R. 1:40-6, shall apply to the Small Claims Section”
  R. 6:11 · as code
  
  “In actions in the Small Claims Section the demand may be filed and served by the defendant and the fee paid at least five days before the return day of the summons, whereupon the clerk shall transfer the action to the Special Civil Part.”
  R. 6:5-3(a) · as code
  
  “Upon the filing of a counterclaim for a sum in excess of the monetary limit of the Small Claims Section, the action shall be transferred to the Special Civil Part proper upon payment by the defendant of the required fees.”
  R. 6:11 · as code
Rejoins. Back on the main line at SC6.
Side rail. If a default was entered and the defendant wants back in: V1, off the main line at SC4.
1. V1 Motion to vacate the default
  
  Clock: By consent, within 30 days of the default, the clerk removes it; otherwise by motion, within a reasonable time and, for mistake, new evidence or fraud, not more than one year after the judgment
  
  Two doors back in. Within 30 days of the default, a written application with the plaintiff's consent endorsed on it, the answer and the answer fee attached, and the clerk removes the default without a judge. After that it is a motion: the moving papers must include the proffered answer and its filing fee, and the grounds are the Part IV grounds, which apply in the Special Civil Part by R. 6:6-1, chiefly mistake, inadvertence, surprise or excusable neglect, a void judgment, or any other reason justifying relief. A motion on the first three grounds has one year from the judgment. If the default is set aside the case takes its place on the line at the trial station.
  
  What the rule says 5 sources
  
  “A party against whom a default has been entered for failure to plead or enter an appearance may have same automatically removed by the clerk provided there is filed with the clerk within 30 days of its entry a written application with the consent of the adversary endorsed thereon consenting to the vacation of the default, which application shall include the answer or other responsive pleading of the party in default and its filing fee.”
  R. 6:6-2 · as code
  
  “Motions to vacate defaults or default judgments that were entered because a written answer was not filed on time shall include the proffered answer and its filing fee.”
  R. 6:3-3(e) · as code
  
  “R. 4:42 (insofar as applicable), R. 4:43-3, R. 4:44 to 4:46, inclusive, and R. 4:48 to 4:50, inclusive, shall apply to the Special Civil Part”
  R. 6:6-1 · as code
  
  “On motion, with briefs, and upon such terms as are just, the court may relieve a party or the party's legal representative from a final judgment or order for the following reasons: (a) mistake, inadvertence, surprise, or excusable neglect;”
  R. 4:50-1 · as code
  
  “The motion shall be made within a reasonable time, and for reasons (a), (b) and (c) of R. 4:50-1 not more than one year after the judgment, order or proceeding was entered or taken.”
  R. 4:50-2 · as code
Rejoins. Back on the main line at SC6.
SC6 Trial date, and settlement on the day

Clock: Trial date given by the clerk at least 30 days ahead; the case is meant to end on that date

The clerk, not the parties, sets the trial and gives at least 30 days' notice. The rule wants one trip to the courthouse: on the trial date the case is to be settled through a dispute resolution event, tried, dismissed, or defaulted with a proof hearing, and the court may send the parties to mediation under R. 1:40-6. A pretrial conference is available if the judge or a party asks for one. Cases sharing issues go to the same judge. A plaintiff who does not show up can be dismissed and ordered to pay the other side's costs and fees; a defendant who does not show up is defaulted.

What the rule says 5 sources

“Except for summary actions brought under R. 6:2-1, the clerk shall inform the parties or their attorneys of the trial date at least 30 days before trial. For good cause shown, the court may order a longer or shorter notice in any action.”
R. 6:5-2(a) · as code

“Multiple appearances in cases that have been scheduled for trial shall be avoided and, consistent with R. 1:40-7, cases should be disposed of on the trial date by a complementary dispute resolution event, trial, dismissal, or entry of default (with a proof hearing if requested).”
R. 6:5-2(d) · as code

“The court may, sua sponte and by written order, refer any civil, general equity, or probate action to mediation for an initial two hours, which shall include an organizational telephone conference, preparation by the mediator, and the first mediation session.”
R. 1:40-6(a) · as code

“The pretrial conference procedure provided by R. 4:25-1 to R. 4:25-6, inclusive, may be employed in the court's discretion on its own motion or the motion of a party.”
R. 6:4-2 · as code

“The court may order a party whose complaint is dismissed pursuant to R. 1:2-4 or R. 4:37-1(b) for failure to appear for trial or who seeks to refile such a complaint pursuant to R. 4:37-4 to pay to the aggrieved party costs, reasonable attorney's fees and expenses related to the dismissed action.”
R. 6:5-1 · as code
Side rail. If the claim will exceed the $20,000 limit: T1, off the main line at SC1.
1. T1 Transfer to the Law Division
  
  Clock: After commencement and before the trial date; the Special Civil Part transmits the file on presentation of the transfer order
  
  A plaintiff who comes to believe the proof will show more than $20,000 does two things: files and serves in the Special Civil Part an affidavit that the claim will exceed the limit and is made in good faith, not for delay, and files and serves in the Civil Part of the Law Division a motion for transfer. The Law Division orders the transfer if it finds reasonable cause to believe the amended claim is founded on fact and has a reasonable chance of success. A defendant with a counterclaim above the limit does the same. The file goes to the Law Division; if the Special Civil plaintiff wins there, the Law Division may send the case back for entry of judgment and costs.
  
  What the rule says 4 sources
  
  “A plaintiff, after commencement of an action in the Special Civil Part, but before the trial date, may apply for removal of the action to the Civil Part of the Law Division, on the ground that it appears likely that the recovery will exceed the Special Civil Part monetary limit by (1) filing and serving in the Special Civil Part an affidavit or that of an authorized agent stating that the affiant believes that the amount of the claim, when established by proof, will exceed the sum or value constituting the monetary limit of the Special Civil Part and that it is filed in good faith and not for the purpose of delay; and (2) filing in the Civil Part of the Law Division and serving a motion for transfer.”
  R. 6:4-1(b) · as code
  
  “The Civil Part of the Law Division shall order the transfer if it finds that there is reasonable cause to believe that the amended claim is founded on fact and that it has reasonable chance for success upon the trial thereof.”
  R. 6:4-1(b) · as code
  
  “Upon presentation of an order transferring an action to the Civil Part of the Law Division, the Office of the Special Civil Part shall transmit the papers on file in the court to the Civil Part of the Law Division of the Superior Court in the county of venue.”
  R. 6:4-1(d) · as code
  
  “If the plaintiff in a Special Civil Part action so transferred or consolidated is the prevailing party, the Law Division, Civil Part on plaintiff's or its own motion may remand the action to the Special Civil Part for the county in which it was instituted for the entry of judgment and taxation of costs.”
  R. 6:4-1(e) · as code
Rejoins. Back on the main line at SC7.
SC7 Judgment

Clock: Takes effect the moment the clerk notes it on the jacket; costs taxed by the clerk

When the jury returns or the judge decides, the clerk notes the judgment on the jacket and it is effective at once; the clerk then enters it and taxes the costs. A judgment on a claim above the limit is capped at the limit plus costs. Once paid, the clerk can issue a certificate of satisfaction. The losing side's route up is the appeal track; a motion for a new trial or for relief from the judgment runs under the Part IV rules that R. 6:6-1 carries into this Part.

What the rule says 2 sources

“Upon receipt of the verdict of a jury, upon determination by a judge sitting without a jury, or upon other determination by a judge, the clerk shall note the judgment on the jacket and it shall take effect forthwith. The clerk shall thereupon enter the judgment and tax the costs.”
R. 6:6-5 · as code

“R. 4:42 (insofar as applicable), R. 4:43-3, R. 4:44 to 4:46, inclusive, and R. 4:48 to 4:50, inclusive, shall apply to the Special Civil Part, except that the requirements of a statement of material facts and a responding statement contained in R. 4:46-2(a) and (b) shall not apply.”
R. 6:6-1 · as code
SC8 Information subpoena

Clock: Answers due back within 14 days of service; not more than once in six months without leave; enforcement motion within six months of the default

The judgment does not collect itself. The creditor's first tool is the information subpoena, served on the debtor without leave of court with the Appendix XI-L questions and a stamped return envelope; the debtor answers under oath within 14 days. If the debtor does not fully answer within 21 days, the creditor may serve banks the debtor might use, and, with a court order, possible employers. A debtor who ignores it faces a motion to enforce litigant's rights, an order in the Appendix XI-O form, and after 10 more days of silence an arrest warrant, though the rule forbids jailing the debtor: the arrest ends on compliance.

What the rule says 5 sources

“An information subpoena may be served upon the judgment debtor, without leave of court, accompanied by an original and copy of written questions and a prepaid, addressed return envelope. The information subpoena and written questions shall be in the form and limited to those set forth in Appendix XI-L to these Rules.”
R. 6:7-2(b) · as code

“The original subpoena, with the answers to the written questions annexed thereto shall be returned to the judgment creditor, if pro se, or judgment creditor's attorney within 14 days after service thereof. An information subpoena shall not be served on a judgment debtor more frequently than once in any six-month period without leave of court.”
R. 6:7-2(b) · as code

“An information subpoena may be served upon banking institutions possibly used by the judgment-debtor without leave of court or upon possible employers or account-debtors (who are business entities) of the judgment-debtor upon ex parte application, supported by certification, and court order, if the judgment-debtor has failed to fully answer an information subpoena served pursuant to subparagraph (1) within 21 days of service.”
R. 6:7-2(b) · as code

“Proceedings to seek relief pursuant to R. 1:10-3, when a judgment-debtor fails to obey an order for discovery or an information subpoena, shall be commenced within six months thereof by notice of motion supported by affidavit or certification.”
R. 6:7-2(e) · as code

“A judgment-debtor shall not be incarcerated at any time pursuant to the warrant.”
R. 6:7-2(g) · as code
SC9 Execution: wages, bank, goods

Clock: Debtor's written objection to a wage execution within 10 days of the notice; officer gives 30 days' notice before returning a writ unsatisfied; execution on personal property before any sale of real property

With the answers in hand the creditor asks the clerk, in writing, for a writ. A wage execution needs a certification of the amount due and issues on the Appendix XI-J form; the debtor has 10 days after the notice to file written reasons why the order should not enter, and a hearing follows if there is an objection. A writ against goods and chattels, Appendix XI-H, goes to a Special Civil Part Officer, who may levy a bank account or personal property; a levy inside a home runs only between 6 a.m. and 10 p.m. Every writ must exclude recurring electronic deposits of exempt funds, and the debtor gets the Appendix VI notice explaining how to claim an exemption. The officer warns the creditor 30 days before returning a writ unsatisfied. Real property is reached last, and only by a separate motion.

What the rule says 6 sources

“All requests for issuance of writs of execution and other process for the enforcement of judgments shall be made in writing to the clerk at the principal location of the court. A request for the issuance of a writ of execution against goods and chattels shall be accompanied by a statement of the amount due and shall be issued by the clerk in the form set forth in Appendix XI-H. A request for the issuance of a wage execution shall be accompanied by a certification of the amount due and shall be issued by the clerk who may affix the designated judge’s electronic signature thereon for uncontested wages using the form set forth in Appendix XI-J.”
R. 6:7-1(a) · as code

“the judgment-debtor shall notify the Office of the Special Civil Part by filing in the county in which the execution originated and the judgment-creditor in writing within 10 days after service of the notice of any reasons why the order should not be entered and the judgment-creditor may waive in writing the right to appear at the hearing on the objection and rely on the papers.”
R. 6:7-3(a) · as code

“The provisions of R. 4:59-1(h) respecting notice to debtor, exemption claims and deferment of turnover and sales of assets shall apply to all writs of execution issued by the Law Division, Special Civil Part, except that a copy of the Notice to Debtor shall not be filed by the levying officer with the clerk of the court after a levy on a bank account. The notice to debtor shall be in the form prescribed by Appendix VI to these rules.”
R. 6:7-1(c) · as code

“Levies on personal property located within residential premises can be made only between the hours of 6:00 a.m. and 10:00 p.m., unless otherwise permitted by court order, which may be sought by ex parte application.”
R. 6:7-4(a) · as code

“The court officer shall give to the judgment-creditor or judgment-creditor's attorney at least 30 days' notice of an intention to return a wage execution or an unexpired writ of execution, marked unsatisfied or partially satisfied and may so return the writ unless further instructions are furnished within that time period.”
R. 6:7-1(a) · as code

“The execution shall be made out of the judgment debtor's personal property before the judgment-creditor may proceed to sale of the debtor's real property. If the debtor's personal property is insufficient or cannot be located, the judgment creditor shall file a motion, on notice, for an order permitting the sale of the real property.”
R. 4:59-1(d) · as code

Side noteSome people file a claim of exemption here: a debtor whose levied funds are exempt applies for their release, and if the objection is really a ground to vacate the judgment, the court releases the exempt funds at once and can hold the rest 20 days for a motion to vacate.

What the rule says

“If the judgement debtor appears in court on an objection to a levy and the court finds that the objection to levy is based upon any ground under R.4:50-1 for vacating judgement, the court shall immediately release to the judgement debtor all funds that are exempt from levy, and may stay turnover of any remaining funds to the judgement creditor from the court officer for 20 days to allow the judgement debtor to file a motion to vacate default judgement.”
R. 6:6-6(e) · as code

Custodian is legal information, not legal advice. The rule excerpts are verbatim from the Judiciary’s Rules of Court publication, harvested 2026-09-02; the quoted NJ Courts self-help pages were read 2026-09-02. Excerpts are excerpts: read the whole rule before you rely on it. Free legal help: Legal Services of New Jersey.

Cross-reference. Cannot pay a filing fee? See the notice of motion to proceed in forma pauperis (the New Jersey court fee waiver). Every court form: in.formapauperis.com. A problem with your lawyer along the way: the Lawyers page.

The line at a glance

Stop by stop

SC1 Complaint and summons

SC2 The clerk serves by mail

SC3 Answer within 35 days

SC4 Default and default judgment

SC5 Interrogatories and discovery

Sm1 Small claims complaint and summons

Sm2 Return day

V1 Motion to vacate the default

SC6 Trial date, and settlement on the day

T1 Transfer to the Law Division

SC7 Judgment

SC8 Information subpoena

SC9 Execution: wages, bank, goods