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New Jersey Answer to a Complaint

New Jersey gives you 35 calendar days to answer a complaint under Court Rule 4:6-1(a). File a typed answer or you risk a default judgment by the clerk.

Introduction

A New Jersey Answer to a Complaint is the written response you file with the Clerk of the Superior Court after you are served with a summons and complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. In a general civil case, N.J. Ct. R. 4:6-1(a) gives you 35 calendar days after service of the summons and complaint to serve your answer. New Jersey has no single statewide answer form for every case, so the answer is a typed pleading on a caption that complies with N.J. Ct. R. 1:4-1, though the Judiciary publishes fill-in answer forms for some cases, CN 10554 for the Law Division and CN 10542 for the Special Civil Part. What also sets New Jersey apart is the Entire Controversy Doctrine. Under N.J. Ct. R. 4:30A, you generally must bring every related claim against the plaintiff as a counterclaim in this case or lose it. You file in the county venue named in the summons and serve a copy on the plaintiff. Miss the deadline and the clerk can enter a default against you under N.J. Ct. R. 4:43-1, opening the door to a default judgment. DocDraft drafts a New Jersey-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Your deadline is 35 calendar days. In a general civil case, N.J. Ct. R. 4:6-1(a) gives you 35 calendar days after service of the summons and complaint to serve your answer, including any counterclaim. A debt collection case in the Special Civil Part runs on the same 35-day window under N.J. Ct. R. 6:3-1, measured from completion of service.

  2. 2

    Small claims and landlord-tenant cases have no written answer. Under N.J. Ct. R. 6:3-1, no answer is permitted in a Small Claims Section case or in a summary landlord-tenant (eviction) action. Instead of filing a paper answer, you appear on the return or trial date stated in the summons, so do not wait for a 35-day deadline that does not apply.

  3. 3

    There is no single statewide answer form. The answer is a typed pleading on a caption that complies with N.J. Ct. R. 1:4-1. The Judiciary does publish fill-in forms for some cases, CN 10554 for the Law Division and CN 10542 for the Special Civil Part, but you can also type your own answer that responds to each allegation.

  4. 4

    The court depends on the amount in dispute. The Special Civil Part handles claims up to $20,000, the Law Division, Civil Part handles claims over $20,000, and the Small Claims Section handles claims up to $5,000. File your answer with the Clerk of the Superior Court in the county venue named in the summons.

  5. 5

    There is a filing fee, with a waiver. The fee to file an answer is $175 in the Law Division and $30 in the Special Civil Part. If you cannot afford it, you can apply for a fee waiver on form CN 11208 based on low income, your assets, or your receipt of public benefits.

  6. 6

    Related claims are usually compulsory. Under the Entire Controversy Doctrine in N.J. Ct. R. 4:30A and the counterclaim rule N.J. Ct. R. 4:7-1, you generally must bring every related claim against the plaintiff as a counterclaim in this case, including mandatory setoffs, or you can lose the right to bring it later.

  7. 7

    Know the New Jersey defenses. Common affirmative defenses include statute of limitations, payment, accord and satisfaction, release, fraud, and discharge in bankruptcy. The statute of limitations on a written contract is six years under N.J.S.A. 2A:14-1, a frequent defense in debt collection cases.

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

SUPERIOR COURT OF NEW JERSEY [LAW DIVISION, CIVIL PART / SPECIAL CIVIL PART] [COUNTY] COUNTY

[PLAINTIFF NAME], Plaintiff, v. Docket No. [DOCKET NUMBER] [DEFENDANT NAME], Defendant.

ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM

Defendant [DEFENDANT NAME] answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows.

RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief as to the truth of the allegation and therefore denies it].
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief as to the truth of the allegation]. [Continue for each numbered paragraph of the Complaint.]

AFFIRMATIVE DEFENSES First Separate Defense: [e.g., the claim is barred by the six-year statute of limitations on a written contract under N.J.S.A. 2A:14-1]. Second Separate Defense: [e.g., the alleged debt has been paid; accord and satisfaction; release; fraud; discharge in bankruptcy]. [State each affirmative defense you intend to rely on.]

COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under N.J. Ct. R. 4:30A and N.J. Ct. R. 4:7-1, the Entire Controversy Doctrine generally requires you to bring every related claim against the Plaintiff in this case as a counterclaim, or it can be barred.]

WHEREFORE, Defendant demands judgment dismissing the Complaint, awarding costs of suit, and granting such other relief as the Court deems just.

Dated: [DATE] [SIGNATURE] [DEFENDANT NAME], Pro Se [ADDRESS / PHONE / EMAIL]

CERTIFICATION OF SERVICE I certify that on [DATE] a true copy of this Answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] under N.J. Ct. R. 1:5-2, by [certified mail return receipt requested / ordinary mail / in person], and that proof of service will be filed with the court. [SIGNATURE]

New Jersey Requirements for Answer to a Complaint

35-Day Answer Deadline

In a general civil case your answer is due within 35 calendar days after service of the summons and complaint, under N.J. Ct. R. 4:6-1(a). A Special Civil Part debt case uses the same 35-day window under N.J. Ct. R. 6:3-1, measured from completion of service. No written answer is permitted in a Small Claims Section case or a landlord-tenant action, where you appear on the return date stated in the summons.

Typed Answer or Judiciary Form

New Jersey has no single statewide answer form. The answer is a typed pleading that responds to each allegation in the complaint. The Judiciary publishes fill-in answer forms for some cases, CN 10554 for the Law Division and CN 10542 for the Special Civil Part, but you can also type your own answer with your affirmative defenses and any counterclaim.

Superior Court Caption

Caption the answer for the Superior Court of New Jersey in the county venue named in the summons, using the Law Division, Civil Part for claims over $20,000 or the Special Civil Part for claims up to $20,000. Include the docket number, the parties' names, and a title such as Answer, under N.J. Ct. R. 1:4-1.

File With the Superior Court Clerk

File your answer with the Clerk of the Superior Court in the county venue named in the summons. A pro se litigant can file online through the eCourts or JEDS portal, or by mail or in person with the clerk, under N.J. Ct. R. 1:32-2A.

Serve a Copy on the Plaintiff

Under N.J. Ct. R. 1:5-2, serve a copy of your answer on the plaintiff or their attorney by certified mail, return receipt requested, or by ordinary mail, which is presumed received in three business days, and file proof of service with the court.

Filing Fee or CN 11208 Waiver

The fee to file an answer is $175 in the Law Division and $30 in the Special Civil Part. If you cannot afford it, apply for a waiver on form CN 11208, the Application for a Waiver of Filing Fees, based on indigency from your income and assets or your receipt of public benefits.

Affirmative Defenses

State each affirmative defense you intend to rely on, such as statute of limitations, payment, accord and satisfaction, release, fraud, discharge in bankruptcy, estoppel, or waiver. The statute of limitations on a written contract is six years under N.J.S.A. 2A:14-1.

Compulsory Counterclaim If Any

Under the Entire Controversy Doctrine in N.J. Ct. R. 4:30A and the counterclaim rule N.J. Ct. R. 4:7-1, a related claim against the plaintiff, including mandatory setoffs, generally must be brought as a counterclaim within your answer, or you can lose the right to bring it later.

Frequently Asked Questions

In a general civil case, N.J. Ct. R. 4:6-1(a) gives you 35 calendar days after service of the summons and complaint to serve your answer. A debt collection case in the Special Civil Part uses the same 35-day window under N.J. Ct. R. 6:3-1, measured from completion of service. The rule differs in other cases. Under N.J. Ct. R. 6:3-1, no written answer is permitted in a Small Claims Section case or a landlord-tenant action, where you appear on the return date stated in the summons instead. Missing your deadline can lead to a default judgment.

New Jersey has no single statewide answer form for every case. The answer is a typed pleading on a caption that complies with N.J. Ct. R. 1:4-1, responding to each allegation in the complaint. The Judiciary does publish fill-in answer forms for some cases, CN 10554 for the Law Division and CN 10542 for the Special Civil Part, but you can also type your own answer. Either way, include your affirmative defenses and any counterclaim.

File your answer with the Clerk of the Superior Court in the county venue named in the summons. The Special Civil Part handles claims up to $20,000 and the Law Division, Civil Part handles claims over $20,000. A pro se litigant can file online through the eCourts or JEDS portal, or by mail or in person with the clerk, under N.J. Ct. R. 1:32-2A.

The fee to file an answer is $175 in the Law Division and $30 in the Special Civil Part. If you cannot afford the fee, you can apply for a waiver by filing form CN 11208, the Application for a Waiver of Filing Fees. Eligibility is based on indigency, meaning your income and assets, or your receipt of public benefits, and the application is filed with the same court hearing your case.

Under N.J. Ct. R. 4:43-1, if you fail to plead or otherwise defend, the clerk shall enter a default against you, which can lead to a default judgment. You may be able to set it aside by filing a motion to vacate the default. Under N.J. Ct. R. 4:50-1(a), the court can grant relief for mistake, inadvertence, surprise, or excusable neglect, and N.J. Ct. R. 4:50-2 requires the motion within a reasonable time, and not more than one year after the judgment for mistake or fraud.

Yes, and you usually must. Under the Entire Controversy Doctrine in N.J. Ct. R. 4:30A and the counterclaim rule N.J. Ct. R. 4:7-1, you generally must bring every related claim you have against the plaintiff as a counterclaim in this same case, including mandatory setoffs, or you can lose the right to raise it later. You include the counterclaim within your answer rather than filing it separately.