Sued in New Jersey? You have 35 days to answer
Special Civil Part: 35 days.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Some of New Jersey's rules rest on limited sources. Check the official sources below, or ask the court clerk or a legal aid office, before you rely on them.
Count your answer deadline in New Jersey
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
New Jersey guides by topic
How to answer in New Jersey
Your deadline by court, the official form, fees and defenses.
After a judgment in New Jersey
Wage garnishment, bank levies and how to claim an exemption.
Debt buyer lawsuits in New Jersey
What a debt buyer must prove, and old debts as a defense.
Which court hears debt cases in New Jersey
Superior Court, Law Division, Special Civil Part (Small Claims Section)
Claims of $5,000 or less can be filed in the Small Claims Section.
Law: NJ Judiciary, Special Civil: A Guide to the Court (CN 10281, May 2025)
Superior Court, Law Division, Special Civil Part (Special Civil Section)
Most consumer debt suits up to $20,000 are filed here.
Law: NJ Judiciary, Special Civil: A Guide to the Court (CN 10281, May 2025)
Superior Court, Law Division, Civil Part
Debt suits over $20,000.
Law: NJ Judiciary, Special Civil: A Guide to the Court (CN 10281, May 2025)
How to answer in New Jersey
- How to answer
File the answer with the Office of the Special Civil Part in the county where the case was filed: online through JEDS (Judiciary Electronic Document Submission), by mail or in person. Also hand-deliver a copy to the plaintiff, or send it by regular and certified mail (or by regular mail to the plaintiff's lawyer). Include the docket number, your name, address and phone, and the reasons you dispute the claim. A trial date is set only if you answer.
- Fee to answer
$30 for an answer. $50 for an answer with a counterclaim of $5,000 or less; $75 if the counterclaim is more than $5,000.
- If you can't pay the fees
You can apply to the court to be found indigent; the judge can waive the fees.
- How you must be served
The Special Civil Part office serves the complaint, by certified and regular mail or in person by a Special Civil Part Officer; the plaintiff pays the service fee.
Law: NJ Judiciary, Special Civil: A Guide to the Court (CN 10281, May 2025)
Law: NJ Judiciary, Special Civil: A Guide to the Court (CN 10281, May 2025)
Defenses to know in New Jersey
- Defenses in New Jersey law
Most contract and account debts have a 6-year limit. For a default judgment, the plaintiff must submit an affidavit and documents verifying the amount, and any pre-judgment interest must be backed by a document showing the interest rate (NJ Judiciary default judgment packet).
Law: N.J.S.A. 2A:14-1
- Debt buyer lawsuits
- For medical debt, a medical creditor may sell the debt only if the buyer agrees in writing not to sue, report or otherwise collect it. Debt buyer lawsuits in New Jersey: the full rules
- Time limit to sue (written contract)
- 6 years · More on old debts at Debt Collector Map
If you missed the deadline in New Jersey
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
If you do not answer within 35 days, the court enters a default. The plaintiff then must apply for a default judgment within 6 months, with an affidavit and documents proving the amount and proof that you are not in active military service. If the amount cannot be proved from the papers, the court can hold a hearing. If you answered but miss the trial, a default judgment can also be entered.
Law: NJ Judiciary, Special Civil: A Guide to the Court (CN 10281, May 2025)
Mediation and settlement in New Jersey
On the trial date, the Special Civil Part may help you settle through mediation with a trained mediator or a settlement conference with a neutral person.
If there is a judgment in New Jersey
A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.
- How long it lasts
A judgment can be revived, or sued on, within 20 years after its date, but not after that.
Law: N.J.S.A. 2A:14-5
Garnishment, bank levy and exemptions in New Jersey
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
Stricter than federal law. A wage execution cannot take more than 10% of your wages, unless your income is above 250% of the poverty level for your family size, when the court can order more. Federal limits still cap it.
Law: N.J.S.A. 2A:17-56
- Bank levy (freezing and taking money in your bank account)
There is no separate bank account amount. Up to $1,000 of personal property, plus clothing, is protected. Federal benefits such as Social Security are protected.
Law: N.J.S.A. 2A:17-19
Law: N.J.S.A. 2A:17-56, 2A:17-19
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: New Jersey
Free help in New Jersey
- Legal Services of New Jersey (LSNJ) Legal Hotline · 1-888-576-5529
- Find free legal help at LawHelp.org
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Good to know in New Jersey
- You pay a $30 fee to file an answer in the Special Civil Part (CN 10281).
- For medical debt, judgment interest cannot exceed 3% a year, and wages cannot be garnished if your income is under 600% of the federal poverty level (N.J.S.A. 56:11-60).
- A wage execution is capped at 10% of wages for most workers (N.J.S.A. 2A:17-56).
Changes in 2024–2026
The Louisa Carman Medical Debt Relief Act limits medical debt collection: no collection action, including a lawsuit, until 120 days after the first bill and an offer of a reasonable payment plan; interest on medical debt, including a judgment, is capped at 3% a year; and wages cannot be garnished for medical debt if your income is below 600% of the federal poverty level. The Veterans and Military Spouses Asset Protection Act protects the homes, retirement and veterans benefits, and one vehicle up to $30,000 of veterans, service members and military spouses from most creditors.
Law: P.L.2024, c.48; N.J.S.A. 56:11-59, 56:11-60; P.L.2025, c.326; N.J.S.A. 2A:17-17.1 to -17.6
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in New Jersey
How long do I have to answer a debt lawsuit in New Jersey?
Special Civil Part: file a written answer within 35 days after the complaint was served on you. Check the number of days on your summons.
How do I answer a debt lawsuit in New Jersey?
File the answer with the Office of the Special Civil Part in the county where the case was filed: online through JEDS (Judiciary Electronic Document Submission), by mail or in person. Also hand-deliver a copy to the plaintiff, or send it by regular and certified mail (or by regular mail to the plaintiff's lawyer). Include the docket number, your name, address and phone, and the reasons you dispute the claim. A trial date is set only if you answer.
Does it cost money to answer in New Jersey?
$30 for an answer. $50 for an answer with a counterclaim of $5,000 or less; $75 if the counterclaim is more than $5,000.
What if I can't afford the court fees in New Jersey?
You can apply to the court to be found indigent; the judge can waive the fees.
What happens if I don't answer in New Jersey?
If you do not answer within 35 days, the court enters a default. The plaintiff then must apply for a default judgment within 6 months, with an affidavit and documents proving the amount and proof that you are not in active military service. If the amount cannot be proved from the papers, the court can hold a hearing. If you answered but miss the trial, a default judgment can also be entered.
How long does a judgment last in New Jersey?
A judgment can be revived, or sued on, within 20 years after its date, but not after that.
Can my wages be garnished in New Jersey?
Stricter than federal law. A wage execution cannot take more than 10% of your wages, unless your income is above 250% of the poverty level for your family size, when the court can order more. Federal limits still cap it.
Can a creditor take money from my bank account in New Jersey?
There is no separate bank account amount. Up to $1,000 of personal property, plus clothing, is protected. Federal benefits such as Social Security are protected.
More help on our sister sites
Sources
- Special Civil: A Guide to the Court (CN 10281, May 2025)
- Special Civil Part default judgment packet (CN 10914)
- NJ Statutes (N.J.S.A. 2A:14-1, 2A:14-5, 2A:17-19, 2A:17-56)
- Legal Services of New Jersey
- N.J.S.A. 56:11-56 to -62 (Louisa Carman Medical Debt Relief Act, P.L.2024, c.48) and 2A:17-17.1 to -17.6 (P.L.2025, c.326) - official statutes text download
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?