Hurt, wronged, or owed money
THINKING ABOUT SUING
What New Jersey law says about the time to bring a claim, by the kind of claim, and about the court that hears small ones. Every period here is one the guide already states, with the section it comes from and the law that section cites.
A period runs from the event its statute names. When that event happened, and whether anything paused the count, are facts a lawyer applies; whether a claim is worth bringing is a question for one too. Nothing here answers either.
THE TIME TO SUE
An injury to a person
Hurt in a fall, a crash, a dog bite, or by somebody's carelessness.
2 years
Suing for an injury to the person
- From
- The cause of action accruing
An action for an injury to the person caused by a wrongful act or neglect is commenced within this period.
Damage to property
A car, a phone, a fence, or anything else damaged or taken.
6 years
Suing on a contract, for property damage, or for taking property
- From
- The cause of action accruing
An action on a contract not under seal, for damage to property, or for taking personal property is commenced within this period. It does not apply to an action for breach of a contract for sale governed by N.J.S.12A:2-725.
A written contract
A signed agreement, a lease, a written estimate or invoice.
6 years
Suing on a contract, for property damage, or for taking property
- From
- The cause of action accruing
An action on a contract not under seal, for damage to property, or for taking personal property is commenced within this period. It does not apply to an action for breach of a contract for sale governed by N.J.S.12A:2-725.
A contract not in writing
A deal made in words or a handshake, or an account with no signed paper.
6 years
Suing on a contract, for property damage, or for taking property
- From
- The cause of action accruing
An action on a contract not under seal, for damage to property, or for taking personal property is commenced within this period. It does not apply to an action for breach of a contract for sale governed by N.J.S.12A:2-725.
A CLAIM AGAINST THE GOVERNMENT
A claim against a public body often has a step of its own before a lawsuit, and a shorter period for it. These are the ones the New Jersey guide carries, in the order they come. A body none of them names is not covered here yet.
Step 1
90 days
Notice of a claim against a public entity
- From
- The claim accruing
A claim for a death, or for injury or damage to a person or property, against a public entity or public employee is filed with the entity no later than the 90th day after the cause of action accrues. Without it the claimant is barred, unless a judge allows a late notice.
Step 2
1 year
A late notice of claim, with a judge's permission
- From
- The claim accruing
A Superior Court judge may permit a late notice of claim within one year after the claim accrued, on a motion showing extraordinary circumstances, where the public entity or employee has not been substantially prejudiced.
Step 3
2 years
Suing a public entity
- From
- The claim accruing
Suit may be filed once six months have passed from the day the notice of claim is received, and no suit against a public entity or public employee may be filed later than two years after the claim accrued.
SMALL CLAIMS COURT
The New Jersey guide does not have a page on small claims yet, so its limit is not stated here.
WHAT TO HAVE TOGETHER
Whoever looks at a claim, a lawyer, a legal aid office or a small claims clerk, works from the same handful of facts. These are the ones people are most often asked for, gathered in one place.
When and where it happened
The date, the time if you know it, and the place, as exactly as you can say it.
Who was involved
The person or business on the other side, and the name it uses on its papers or its sign.
What happened, in order
Written down while it is fresh, in your own words, with what was said.
What it cost
Bills, receipts, estimates, repair quotes, and days of work missed, each with its amount.
Photos and papers
Pictures of the place, the damage or the injury, and every letter, contract, receipt or email.
Witnesses
Who saw it, and a phone number or address for each.
Reports already made
A police or incident report, a claim number with an insurer, or a complaint to an agency.
Insurance
Your own policy, and any insurer for the other side that you have been told about.
Keep it in one place
A case keeps all of it together in your account: what happened and when, what it cost, the people involved, every photo and paper kept privately, and one folder ready to download or send to a lawyer.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed New Jersey attorney.