New Jersey State Process Server

$159 Routine - $209 Rush

In New Jersey, process serving refers to the delivery of legal documents to a defendant or individual involved in a legal proceeding. The rules governing process serving in New Jersey are outlined in the New Jersey Court Rules and also follow the guidelines established under state statutes. Here’s an overview of the key process serving rules:

1. Who Can Serve Process?

In New Jersey, process may be served by anyone who is 18 years or older and not a party to the case (i.e., not involved in the litigation).
Often, process servers are professional individuals or companies, though others can serve documents as long as they meet the age and impartiality requirements.

2. Methods of Service

New Jersey allows several methods for serving process, including:

Personal Service: The documents are handed directly to the defendant or individual being served. This is the most reliable and preferred method.
Substitute Service: If the person cannot be found in person, the documents may be left with a person of suitable age and discretion at the defendant’s home or business, followed by mailing a copy of the papers to the defendant’s last known address.
Service by Mail: In certain cases, documents may be sent by certified mail with return receipt requested.
Service by Publication: If the defendant cannot be located despite diligent efforts, service may be made by publishing the notice in a local newspaper, typically for several consecutive weeks.

3. Service on Businesses and Corporations

For corporations, service must be made on an officer, managing agent, or another authorized person at the corporation’s principal place of business or registered office.
For a limited liability company (LLC), service can be made on a member, manager, or the company’s registered agent.

4. Time Limit for Serving Process

In New Jersey, a complaint must generally be served on the defendant within 90 days from the date the complaint is filed in the court.
If service is not completed within this time frame, the plaintiff may request an extension or face the possibility of dismissal of the case.

5. Proof of Service

After serving the documents, the server must complete a proof of service (also known as an affidavit of service) to verify that the process was served according to the rules. This proof is filed with the court and is typically signed by the person who served the documents.

6. Service of Summons and Complaints

A summons must accompany a complaint when served on the defendant. The defendant must then be given a specific period, usually 35 days, to respond to the complaint.