How to Respond to a Lawsuit in New Jersey: Answer a Summons (2026)
Reviewed by DocDraft Legal Team. New Jersey. Last updated 2026-06-02
In New Jersey, a defendant served with a civil summons and complaint generally has 35 calendar days to file a written answer. In the Superior Court, Law Division, that 35-day period runs from the date of service under New Jersey Court Rule 4:6-1(a). In the Special Civil Part, which hears most consumer and debt-collection cases up to $20,000, the answer is due within 35 calendar days after completion of service under Rule 6:3-1. Two tracks work differently and require no written answer at all. In the Small Claims Section, for claims up to $5,000, and in summary landlord-tenant actions, Rule 6:3-1 permits no answer, and the defendant or tenant instead appears on the return or trial date stated in the summons. A response to a divorce or dissolution complaint is also due within 35 days, because Rule 5:4-3 directs a family defendant to answer and the 35-day period is supplied by Rule 4:6-1(a). If you miss a deadline where an answer is required, the clerk can enter your default under Rule 4:43-1 and the court can enter a default judgment, which you can later move to vacate for excusable neglect under Rule 4:50-1(a).
How long do I have to respond to a lawsuit in New Jersey?
It depends on the track. For a general civil complaint in the Superior Court, Law Division, New Jersey Court Rule 4:6-1(a) gives you 35 calendar days after service to file a written answer. In the Special Civil Part, the answer is due 35 calendar days after completion of service under Rule 6:3-1. Small claims and summary landlord-tenant actions require no written answer; you appear on the return or trial date stated in the summons.
How do I respond to a civil summons in New Jersey?
You respond by filing a written answer with the Clerk of the Superior Court in the county named in the summons, then serving a copy on the plaintiff or the plaintiff's attorney and filing proof of service under New Jersey Court Rule 1:5-2. Self-represented defendants can file online through the Judiciary Electronic Document Submission (JEDS) portal or by mail. The answer admits or denies each numbered allegation and states your defenses.
What happens if I don't answer a summons in New Jersey?
If you do not respond by your deadline in a case that requires an answer, the clerk can enter your default under New Jersey Court Rule 4:43-1. The court can then enter a default judgment granting what the complaint requests. You may move to vacate the default under Rule 4:50-1(a) by showing mistake, inadvertence, surprise, or excusable neglect, generally within a reasonable time and no more than one year for certain grounds.
How do I answer a summons without an attorney in New Jersey?
Self-represented defendants can file an answer themselves. New Jersey publishes fillable answer forms: CN 10554 for the Law Division and CN 10542 for the Special Civil Part. Complete the form or type your answer with the court, parties, and docket number in the caption under Rule 1:4-1, file it with the clerk through the JEDS portal or by mail, serve the plaintiff, and pay the filing fee or request a waiver on form CN 11208.
New Jersey response framework at a glance
New Jersey's response rules turn first on which track your case is in. A general civil complaint in the Superior Court, Law Division, is governed by New Jersey Court Rule 4:6-1(a), which directs the defendant to serve an answer within 35 calendar days after service of the summons and complaint. The Special Civil Part, which handles most consumer and debt-collection claims up to $20,000, follows Rule 6:3-1: the answer is due within 35 calendar days after completion of service. Two tracks are different. Under Rule 6:3-1, no answer is permitted in summary actions between landlord and tenant or in actions in the Small Claims Section, so the defendant or tenant files no written answer and simply appears on the return or trial date stated in the summons. A response to a divorce or dissolution complaint is due within 35 days, because Rule 5:4-3 directs the family defendant to answer and the operative 35-day period comes from Rule 4:6-1(a). Answers are filed with the Clerk of the Superior Court in the county of venue named in the summons, served on the plaintiff under Rule 1:5-2, and formatted on the Judiciary's answer forms (CN 10554 for the Law Division, CN 10542 for the Special Civil Part) with the caption set under Rule 1:4-1. The New Jersey Courts self-help website at www.njcourts.gov is the official source for the JEDS electronic filing portal, the fee-waiver application (CN 11208), and the answer forms defendants need.
Court Resources
New Jersey Courts. Special Civil Part and Small Claims
Judiciary self-help page explaining the Special Civil Part, the $5,000 small-claims limit, the $20,000 Special Civil Part limit, and how a defendant responds in each, including why small claims and landlord-tenant cases proceed without a written answer.
New Jersey Courts. JEDS electronic filing for self-represented litigants
Official portal where a self-represented defendant can file an answer and serve documents electronically in the Superior Court, an alternative to filing by mail or in person with the clerk.
Answer form CN 10554 (Law Division Answer to a Complaint)
The official fillable answer form a defendant can use to respond to a civil complaint in the Superior Court, Law Division, available as a PDF from the New Jersey Courts forms library. The Special Civil Part uses form CN 10542.
Fee-waiver application CN 11208 (Application for a Waiver of Filing Fees)
The official application a defendant can file instead of paying the answer filing fee, based on indigency from low income and assets or receipt of public benefits.
Relevant Laws
New Jersey Court Rule 4:6-1(a) (35-Day Answer to a Civil Complaint)
Directs that the defendant shall serve an answer, including any counterclaim, within 35 days after service of the summons and complaint. This is the standard general civil answer deadline in the Superior Court, Law Division.
New Jersey Court Rule 6:3-1 (Special Civil Part: 35 Days After Service; No Answer in Small Claims or Landlord-Tenant)
Requires a defendant served with process to answer within 35 days after completion of service in the Special Civil Part, and provides that no answer is permitted in summary actions between landlord and tenant or in actions in the Small Claims Section. Those defendants appear on the return or trial date instead.
New Jersey Court Rule 4:43-1 (Entry of Default)
Provides that if a party against whom affirmative relief is sought fails to plead or otherwise defend, the clerk shall enter a default on the docket, opening the door to a default judgment.
New Jersey Court Rule 4:50-1 (Setting Aside a Default or Default Judgment)
Allows a court to relieve a party from a judgment for mistake, inadvertence, surprise, or excusable neglect, on a motion made within a reasonable time, and for mistake or fraud no more than one year after the judgment under Rule 4:50-2.
New Jersey Court Rule 5:4-3 (Answer in a Family Action)
Directs a defendant in a family action to file an answer or a general appearance. The rule states no separate day count, so the operative 35-day response period is supplied by Rule 4:6-1(a) through that cross-reference.
New Jersey Court Rule 4:30A (Entire Controversy Doctrine and Compulsory Counterclaims)
Requires a party to plead related claims arising from the same transaction in the same action or risk losing them, which is why a defendant generally must raise any counterclaim under Rule 4:7-1 with the answer.
Regional Variances
Answer deadline by case track in New Jersey
General civil complaint, Law Division (N.J. Ct. R. 4:6-1(a))
35 calendar days after service of the summons and complaint to serve a written answer in the Superior Court, Law Division. This is the default civil deadline and the one most defendants are working against.
Special Civil Part, including debt collection (N.J. Ct. R. 6:3-1)
35 calendar days after completion of service to serve a written answer in the Special Civil Part, which hears most consumer and debt-collection claims up to $20,000. The trigger is completion of service rather than the date of service.
Small Claims Section (N.J. Ct. R. 6:3-1)
No written answer is permitted. The defendant does not file a responsive pleading and instead appears on the return or trial date stated in the summons to present a defense in person.
Summary landlord-tenant action (N.J. Ct. R. 6:3-1)
No written answer is permitted in a summary action between landlord and tenant. The tenant appears at the trial or return date stated in the summons rather than filing a paper answer.
Divorce / dissolution response (N.J. Ct. R. 4:6-1(a) via R. 5:4-3)
35 calendar days after service of the complaint and summons to file an answer or a general appearance in the Family Part. Missing it can let the dissolution proceed by default on property, support, and custody.
Which New Jersey court hears your case, by amount
Small Claims Section, Special Civil Part
Hears claims up to the small-claims cap of $5,000. No written answer is required, and the defendant appears on the return or trial date stated in the summons.
Special Civil Part, Law Division
Handles civil claims up to $20,000, including most debt-collection cases. A written answer is required within 35 calendar days after completion of service, and the answer filing fee is $30.
Law Division, Civil Part, Superior Court
Handles civil claims over $20,000. A written answer is required within 35 calendar days after service, and the answer filing fee is $175 unless the court grants a fee waiver.
Suggested Compliance Checklist
Calculate your response deadline from the date you were served
Day 0 (date of service) days after startingFind the deadline that matches your track. A general civil complaint in the Law Division is due in 35 calendar days after service under New Jersey Court Rule 4:6-1(a). A Special Civil Part case, including most debt cases, is due in 35 calendar days after completion of service under Rule 6:3-1. A divorce or dissolution response is due in 35 days under Rule 4:6-1(a) via Rule 5:4-3. Small claims and summary landlord-tenant actions require no written answer; you appear on the return or trial date under Rule 6:3-1. Mark the exact date on a calendar.
Identify your case track and the correct court and county
Within 2 days of service days after startingRead the summons to confirm whether the case is in the Small Claims Section (up to $5,000), the Special Civil Part (up to $20,000), the Law Division (over $20,000), a summary landlord-tenant action, or the Family Part. The track decides whether a written answer is required, your deadline, and the filing fee. Confirm the county of venue named in the summons, because that is where your answer must be filed.
Identify your defenses and any counterclaims
Before drafting the answer days after startingList the affirmative defenses that fit your facts, such as the statute of limitations, improper service, payment or accord and satisfaction, release, or, in debt-buyer cases, lack of standing. In debt cases, check the six-year written-contract limitations period under N.J.S.A. 2A:14-1. Under New Jersey's Entire Controversy Doctrine in Rule 4:30A, related claims against the plaintiff from the same transaction generally must be pleaded as a counterclaim under Rule 4:7-1 or they are lost.
Draft the answer in the correct caption and format
Before the answer deadline days after startingRespond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses. New Jersey publishes fillable answer forms: CN 10554 for the Law Division and CN 10542 for the Special Civil Part. Set the caption with the court, the parties, and the docket number under New Jersey Court Rule 1:4-1. Attorney review of the drafted answer is available as an option before you file.
File the answer with the Clerk of the Superior Court
On or before the answer deadline days after startingFile with the Clerk of the Superior Court in the county of venue named in the summons. Self-represented defendants can file electronically through the Judiciary Electronic Document Submission (JEDS) portal under Rule 1:32-2A, or by mail or in person. The answer filing fee is $175 in the Law Division and $30 in the Special Civil Part.
Serve the plaintiff and file proof of service
With or promptly after filing days after startingServe a copy of the filed answer on the plaintiff or the plaintiff's attorney by certified mail, return receipt requested, or by ordinary mail (presumed received in 3 business days) under New Jersey Court Rule 1:5-2, then file the proof of service with the court. An answer that is filed but not served, or served without proof on file, can be challenged.
Request a fee waiver if you cannot afford the filing fee
At the time of filing days after startingIf your income and assets are low or you receive public benefits, file form CN 11208 (Application for a Waiver of Filing Fees) with your answer to ask the court to waive the fee. Submitting the application lets you file on time without paying the $175 Law Division or $30 Special Civil Part fee while the court decides eligibility.
Appear on the return or trial date, or at the case-management conference
As set by the court days after startingCalendar every date the court sets. In the Small Claims Section and in summary landlord-tenant actions, where no written answer is filed, the return or trial date on the summons is your appearance, and missing it risks a default. In a Law Division or Special Civil Part case, bring your evidence and a copy of your filed answer to any case-management conference or trial date.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Calculate your response deadline from the date you were served | Find the deadline that matches your track. A general civil complaint in the Law Division is due in 35 calendar days after service under New Jersey Court Rule 4:6-1(a). A Special Civil Part case, including most debt cases, is due in 35 calendar days after completion of service under Rule 6:3-1. A divorce or dissolution response is due in 35 days under Rule 4:6-1(a) via Rule 5:4-3. Small claims and summary landlord-tenant actions require no written answer; you appear on the return or trial date under Rule 6:3-1. Mark the exact date on a calendar. | - | Day 0 (date of service) |
| Identify your case track and the correct court and county | Read the summons to confirm whether the case is in the Small Claims Section (up to $5,000), the Special Civil Part (up to $20,000), the Law Division (over $20,000), a summary landlord-tenant action, or the Family Part. The track decides whether a written answer is required, your deadline, and the filing fee. Confirm the county of venue named in the summons, because that is where your answer must be filed. | - | Within 2 days of service |
| Identify your defenses and any counterclaims | List the affirmative defenses that fit your facts, such as the statute of limitations, improper service, payment or accord and satisfaction, release, or, in debt-buyer cases, lack of standing. In debt cases, check the six-year written-contract limitations period under N.J.S.A. 2A:14-1. Under New Jersey's Entire Controversy Doctrine in Rule 4:30A, related claims against the plaintiff from the same transaction generally must be pleaded as a counterclaim under Rule 4:7-1 or they are lost. | - | Before drafting the answer |
| Draft the answer in the correct caption and format | Respond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses. New Jersey publishes fillable answer forms: CN 10554 for the Law Division and CN 10542 for the Special Civil Part. Set the caption with the court, the parties, and the docket number under New Jersey Court Rule 1:4-1. Attorney review of the drafted answer is available as an option before you file. | answer-to-complaint | Before the answer deadline |
| File the answer with the Clerk of the Superior Court | File with the Clerk of the Superior Court in the county of venue named in the summons. Self-represented defendants can file electronically through the Judiciary Electronic Document Submission (JEDS) portal under Rule 1:32-2A, or by mail or in person. The answer filing fee is $175 in the Law Division and $30 in the Special Civil Part. | - | On or before the answer deadline |
| Serve the plaintiff and file proof of service | Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney by certified mail, return receipt requested, or by ordinary mail (presumed received in 3 business days) under New Jersey Court Rule 1:5-2, then file the proof of service with the court. An answer that is filed but not served, or served without proof on file, can be challenged. | - | With or promptly after filing |
| Request a fee waiver if you cannot afford the filing fee | If your income and assets are low or you receive public benefits, file form CN 11208 (Application for a Waiver of Filing Fees) with your answer to ask the court to waive the fee. Submitting the application lets you file on time without paying the $175 Law Division or $30 Special Civil Part fee while the court decides eligibility. | - | At the time of filing |
| Appear on the return or trial date, or at the case-management conference | Calendar every date the court sets. In the Small Claims Section and in summary landlord-tenant actions, where no written answer is filed, the return or trial date on the summons is your appearance, and missing it risks a default. In a Law Division or Special Civil Part case, bring your evidence and a copy of your filed answer to any case-management conference or trial date. | - | As set by the court |
Frequently Asked Questions
An answer responds to each numbered paragraph of the complaint by admitting it, denying it, or stating you lack enough information to admit or deny, and then lists your affirmative defenses. New Jersey publishes fillable answer forms, CN 10554 for the Law Division and CN 10542 for the Special Civil Part. Format the caption with the court, the parties, and the docket number under New Jersey Court Rule 1:4-1.
If you missed the answer deadline and a default judgment was entered, you can file a motion to vacate the default or for relief from the judgment under New Jersey Court Rule 4:50. The court can relieve you for mistake, inadvertence, surprise, or excusable neglect under Rule 4:50-1(a). File within a reasonable time, and for reasons of mistake or fraud no more than one year after the judgment under Rule 4:50-2. Act quickly, because delay weakens the request.
Often yes. Parties commonly agree in writing to extend the 35-day answer period, and you can ask the court for more time. Get any extension in writing and confirm it on the docket, because the default clock keeps running until the plaintiff agrees, the court grants more time, or you file your answer. Do not assume an informal conversation stopped your deadline.
You can ask the court to waive your filing fee. New Jersey's fee waiver is requested on form CN 11208, and eligibility is based on indigency, meaning low income and assets or receipt of public benefits. The answer filing fee is $175 in the Law Division and $30 in the Special Civil Part. If the court grants the waiver, you file your answer without paying that fee.
Yes. Improper service of process is a recognized defense. You can raise lack of personal jurisdiction or insufficient service in your answer or by motion rather than ignoring the case. If service was defective, the time to answer may not have started to run. Raise a service problem promptly, because ignoring the summons still risks a default under New Jersey Court Rule 4:43-1.
Common affirmative defenses include the statute of limitations, improper service, payment, accord and satisfaction, release, discharge in bankruptcy, and, in debt-buyer cases, the plaintiff's lack of standing. New Jersey's Entire Controversy Doctrine in New Jersey Court Rule 4:30A requires you to bring related claims arising from the same transaction in the same case or risk losing them, so plead any counterclaim under Rule 4:7-1 with your answer.
Respond the same way as any civil complaint: file a timely answer that admits or denies each allegation and raises your defenses. In debt cases, check the six-year statute of limitations for written contracts under N.J.S.A. 2A:14-1 and whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. 1692g. Do not ignore the summons, because silence leads to a default judgment for the full amount claimed. Attorney review of a debt-collection answer is available as an option.
A defendant served with a divorce or dissolution complaint and summons has 35 days to file an answer or a general appearance. New Jersey Court Rule 5:4-3 directs the family defendant to answer, and the 35-day period comes from Rule 4:6-1(a). You file your answer with the Family Part of the Superior Court in the county of venue. Missing the window can let the case proceed by default on property, support, and custody.
No. Under New Jersey Court Rule 6:3-1, no written answer is permitted in actions in the Small Claims Section or in summary landlord-tenant actions. Instead of filing an answer, you appear on the return or trial date printed on the summons and present your defense in person. Read the summons carefully for that date, because missing the appearance, not a paper deadline, is what puts you at risk of a default.
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