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Saturday, February 21, 2015

Unserved Process special civil NJ

Unserved Process special civil
a) It is the responsibility of the Special Civil Part Officer to provide as much information as possible when returning the initial process unserved. The Officer must advise the plaintiff of the specific reasons service could not be made. Examples of acceptable reasons are: 
(1) Dangerous animal prevents service; 
(2) Cannot gain entrance to premises, i.e., door locked, fence, etc.; 
(3) Defendant receives mail at the address but does not reside there; 
(4) Defendant is owner of the real estate but does not reside on premises; 
(5) Cannot serve at place of business. This return must also include a certification as to the date, time, and name or description of the person who refused the Special Civil Part Officer permission to serve the process. 
If the party to be served is on vacation, the Special Civil Part Officer is not entitled to a reissue fee unless the Officer has proceeded with at least four attempts at service as set forth above. 
b) If a specific reason is not given to the plaintiff, a Special Civil Part Officer is not entitled to reservice fees and mileage if the papers are reissued to the same address and if plaintiff presents proof that the previous address furnished is correct. This proof may be by verification from the post office or telephone calls to neighbors. Where telephone verification is used, plaintiff should include the name and telephone number of the neighbors contacted. 
(1) If the address furnished is a large complex, the Special Civil Part Officer is only entitled to a reservice fee if he/she certifies that there is no directory, mailbox, or superintendent that would lead the Officer to the correct apartment or unit. 
(2) If the Special Civil Part Officer cannot locate the address and the address does exist, no reservice fees shall be allowed. 

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