New Jersey Summons Form

• The New Jersey Summons form is an official document that notifies the defendant of a lawsuit filed against them in the Superior Court.
• Defendants have 35 days to respond to the summons by filing a written answer or motion with the deputy clerk of the court.
• Failure to respond within the specified time may result in a default judgment against the defendant, allowing the plaintiff to seize money, wages, or property.
• In foreclosure cases, responses must be filed with the Clerk of the Superior Court at the specified Trenton address.
• A filing fee of $135.00 and a completed Case Information Statement are required when submitting an answer or motion.
• Legal assistance is available for those who cannot afford an attorney through local Legal Services offices or the statewide hotline.

1. What is a New Jersey Summons form?

   A New Jersey Summons form is a legal document issued by the Superior Court of New Jersey. It notifies a defendant that a lawsuit has been filed against them by a plaintiff. The summons outlines the requirements for the defendant to respond to the complaint attached to it.

2. How long do I have to respond to a Summons?

   You have 35 days from the date you received the summons to file a written answer or motion. This period does not include the day you received the summons. If you fail to respond within this timeframe, the court may enter a judgment against you.

3. What happens if I do not respond to the Summons?

   If you do not file a response within 35 days, the plaintiff may obtain a default judgment against you. This means the court may grant the plaintiff the relief they requested in their complaint, which could include seizing your wages or property to satisfy the judgment.

4. Where do I file my response?

   Your response must be filed with the deputy clerk of the Superior Court in the county listed on the summons. If the complaint is related to foreclosure, you must file it with the Clerk of the Superior Court at the Hughes Justice Complex in Trenton.

5. What is required when filing my response?

   When you file your response, you need to include:

   • A written answer or motion.
   • Proof of service.
   • A filing fee of $135.00 payable to the Treasurer, State of New Jersey.
   • A completed Case Information Statement.

6. Do I need an attorney to respond to a Summons?

   While it is not mandatory to have an attorney, it is highly advisable. If you cannot afford one, you can contact the Legal Services office in your county or the Legal Services of New Jersey Statewide Hotline at 1-888-LSNJ-LAW for assistance.

7. What if I cannot afford the filing fee?

   If you cannot afford the filing fee, you may be eligible for a fee waiver. You should inquire about this option when you contact the court or legal services for assistance.

8. How can I find the contact information for local legal services?

   You can find a directory of local Legal Services Offices and Lawyer Referral Services at the Civil Division Management Office in your county or online at the New Jersey Judiciary website.

9. What should I do if I receive a Summons?

   Upon receiving a Summons, read it carefully. Understand the claims against you and take note of the response deadline. It is crucial to prepare your answer or motion and file it with the court within the specified timeframe.

10. Can I communicate with the court by phone regarding my Summons?

    No, a telephone call will not protect your rights. You must file a written response with the court to ensure your defense is heard.

1. Neglecting to read the entire summons carefully. Many people rush through the document and miss important instructions.

2. Failing to provide accurate defendant information. Ensure that the names and addresses of all defendants are correct.

3. Missing the filing deadline. You have 35 days from the date you receive the summons to file your response. Mark your calendar!

4. Not including the required filing fee. Remember to include the $135.00 fee along with your answer or motion.

5. Overlooking the Case Information Statement. This form must accompany your answer or motion. Don’t forget it!

6. Not serving the plaintiff’s attorney. You must send a copy of your answer or motion to the plaintiff's attorney or the plaintiff directly.

7. Assuming a phone call is sufficient. A phone call will not protect your rights. You must file a written response.

8. Ignoring the potential consequences of not responding. If you do not file, the court may enter a judgment against you, which could lead to wage garnishment or property seizure.

9. Not seeking legal assistance when needed. If you cannot afford an attorney, reach out to Legal Services or a Lawyer Referral Service for help.

When dealing with legal matters in New Jersey, particularly in civil actions, several forms and documents accompany the New Jersey Summons form. Each of these documents serves a specific purpose and plays a crucial role in the legal process. Understanding these documents can help ensure that all necessary steps are taken correctly and timely.

• Complaint: This document outlines the plaintiff's allegations against the defendant. It details the facts of the case and the legal grounds for the lawsuit, providing the basis for the claims being made.
• Answer: The answer is the defendant's formal response to the complaint. It addresses each allegation, either admitting, denying, or stating insufficient knowledge to respond. This document is essential for the defendant to present their side of the case.
• Case Information Statement: This form provides the court with essential information about the parties involved and the nature of the case. It must be filed along with the answer or motion and includes details such as the type of case and the relief sought.
• Proof of Service: This document verifies that the summons and complaint were properly delivered to the defendant. It ensures that the court has confirmation that the defendant was made aware of the lawsuit.
• Motion: A motion is a request made to the court for a specific ruling or order. Defendants may file motions to dismiss the case, change venue, or seek other forms of relief before the trial begins.
• Judgment: If the case proceeds to a conclusion, a judgment is the court's official decision. It determines the outcome of the case and outlines any obligations the losing party must fulfill.
• Notice of Appeal: If a party disagrees with the court's judgment, they may file a notice of appeal. This document signals the intention to contest the ruling in a higher court.
• Last Will and Testament: Essential for individuals planning their estate, this legal document specifies how assets should be distributed posthumously, reinforcing the importance of having a valid will, such as the one provided by Ohio PDF Forms.
• Settlement Agreement: If the parties reach an agreement before the trial, a settlement agreement outlines the terms of the resolution. This document is crucial for formalizing the settlement and ensuring both parties adhere to the agreed terms.

Each of these documents plays a vital role in the legal process surrounding a civil action in New Jersey. Familiarity with them can help individuals navigate their legal obligations and rights effectively.

Here are nine common misconceptions about the New Jersey Summons form, along with explanations to clarify each point.

• Myth 1: The Summons is just a formality.

This is not true. The Summons is an official document that informs you of a lawsuit against you. It is essential to take it seriously.

• Myth 2: You can ignore the Summons if you don’t agree with it.

Ignoring the Summons can lead to a default judgment against you. You must respond within 35 days to protect your rights.

• Myth 3: A phone call is enough to respond.

A phone call will not suffice. You must file a written answer or motion with the court and serve a copy to the plaintiff's attorney.

• Myth 4: You can file your response anywhere.

Your response must be filed with the deputy clerk of the Superior Court in the county listed on the Summons.

• Myth 5: You don’t need to pay a fee to file your response.

A filing fee of $135.00 is required when you submit your answer or motion. This fee is important for the processing of your case.

• Myth 6: The Summons gives you unlimited time to respond.

You have only 35 days from the date you received the Summons to file your response. After that, you risk losing your case.

• Myth 7: You can only respond if you have an attorney.

You can respond on your own if you choose not to hire an attorney. Resources are available to help you navigate the process.

• Myth 8: You can’t get help if you can’t afford an attorney.

There are legal aid services available for those who cannot afford an attorney. You can reach out to Legal Services for assistance.

• Myth 9: The Summons is the same as the complaint.

The Summons informs you of the lawsuit, while the complaint details the claims against you. Both documents are important, but they serve different purposes.