Procedures for Serving Initial Process in Other Special Civil Part Actions

Procedures for Serving Initial Process in Other Special Civil Part Actions 

1. Time for Service 

a) The first attempt at service must be made within seven days from the date the Special Civil Part Officer received the process from the Special Civil Part Clerk. 

b) Within 30 calendar days after receiving process, a return must be made to the court. 

c) During this 30-day period, at least four attempts at service must be made. At least one attempt must be made after 6:00 p.m. during the week or on a weekend. Each date and time of attempted service must be noted by the Officer. If the process is unserved, the return must include a description of the premises where service was attempted. 

d) If a return is not made within 30 days, no additional matters shall be assigned to the Special Civil Part Officer at the discretion of the Civil Presiding Judge until the Officer is no longer in violation of this provision. 

PROCEDURES FOR SERVICE OF PROCESS BY SPECIAL CIVIL PART OFFICERS

APPENDIX F to ADMINISTRATIVE DIRECTIVE #01-15 

PROCEDURES FOR SERVICE OF PROCESS BY SPECIAL CIVIL PART OFFICERS 

I. Service of Initial Process – Special Civil Part 

All Special Civil Part Officers who serve initial process shall comply with the following procedures: 

A. Procedures for Serving Summons and Complaint in Tenancy Actions 

1. Timely Service 

The Special Civil Part Officer will timely receive his/her assigned work in this regard from the Special Civil Part Clerk's office and they must, in turn, timely serve a tenant on or before 10 calendar days prior to the scheduled landlord/tenant trial date. 

2. Personal Service 

The Special Civil Part Officer to whom the summons and complaint have been assigned for service must first make an attempt to personally serve the defendant or anyone over the age of 14 who resides in the premises. 

3. Posting 

If the Special Civil Part Officer is unable to make personal service, the Officer must attach a copy to “the door of the unit occupied by the defendant or, if that is not possible, on another conspicuous part of the subject premises.” 

4. Completing the Return of Service 

If the Special Civil Part Officer succeeds in making personal service, the Officer must complete the section of the return of service that provides for the date of timely service and describes the individual served. If the Special Civil Part Officer could not make personal service, the Officer must describe the efforts made to personally serve the defendant and then describe the premises if the summons and complaint were posted. The return of service must indicate the date and time of service and be signed by the Officer. 

A copy of the completed return of service must be delivered by the Special Civil Part Officer to the Special Civil Part Clerk’s Office as soon as possible but no later than the court date. 

Procedures for Service of Process By Special Civil Part Officers

Procedures for Service of Process By Special Civil Part Officers 

The service of initial, mesne, and post-judgment process shall be carried out by Special Civil Part Officers pursuant to the procedures set forth in Appendix F to this Directive, which is entitled “Procedures for Service of Process by Special Civil Part Officers,” and relevant New Jersey Rules of Court and statutes. Appendix F forms will be updated from time to time by the Administrative Office of the Courts and Special Civil Part Officers are expected to keep themselves abreast of all such changes. Common examples of initial process are service of landlord/tenant summons and complaints or reservice of original service of process on other docket types within the Special Civil Part Court. Examples of mesne process are service of a writ of attachment or writ of replevin. Common examples of post-judgment process are a writ of execution against goods and chattels or an order for execution against wages. 

Writ Register Requirements for Officers Serving Post-Judgment Process

Writ Register Requirements for Officers Serving Post-Judgment Process 

The Special Civil Part Officer shall maintain a Writ Register for all Civil Part, if any, and Special Civil Part executions. The writ register shall contain: 

1. Issue date of execution and expiration date of execution 

2. Date of the execution (date the Officer enters this information into their computer) 

3. Execution number (writ #) 

4. Docket number, venue, vicinage judgment (VJ) number or docketed judgment (DJ) number of the case 

5. Nature of the execution (wage, chattel or replevin) 

6. Caption of the case 

7. Amount of the execution 

8. Remarks/status of execution, which must provide, as follows: 

a) Date(s) of attempted service; 

b) Date of actual service if more than one date of attempted service; 

c) Verification of the debtor’s employment, if any, and any other relevant information provided by the garnishee to the Officer (e.g., debtor never employed, debtor’s employment terminated, debtor seasonal or part time employee, etc.); 

9. Notice of bankruptcy, if any 

10. All accrued interest requests, if any. 

2A:17-74. Execution against corporation; names of directors and officers and schedule of property for execution officer

2A:17-74.  Execution against corporation;  names of directors and officers and schedule of property for execution officer
    Every agent or person having charge or control of any property of a corporation shall, upon request therefor by any officer having for service a writ of execution against it, furnish to such officer the names of the directors and officers of the corporation, and a schedule of all its property, including debts due or to become due to it so far as he has knowledge thereof.

    Any such agent or person who shall neglect or refuse to comply with the provisions of this section shall himself be liable to pay to the execution creditor the amount due on the execution, with costs.  2A:17-75.  Application of debts due to corporation in satisfaction of execution;  delivery and assignment to execution officer    If any officer, holding an execution against a corporation, shall be unable  to find other property belonging to the corporation liable to execution, either  he or the judgment creditor may elect to satisfy such execution, in whole or in  part, by any debts due to the corporation, in which case the agent or person  having custody of any evidences of such debts shall deliver the same to the  officer holding the execution, for the use of the creditor.  Such a delivery,  with a transfer in writing to the officer, for the use of the creditor, and  notice to the debtor, shall be a valid assignment thereof.

    Any such agent or person who neglects or refuses to comply with the provisions of this section shall himself be liable to pay to the execution creditor the amount due upon the execution with costs.

reminder limited space remains 2015 update Wills and Estate Planning- Free Seminar Law Office of Kenneth Vercammen

reminder limited space remains 2015 update Wills and Estate Planning- Free Seminar                                   

Wednesday Jan 14          12:15-1:00 PM and again

  5:15pm-6pm

Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817

       Invited:  Clients, Friends, Accountants, Business Owners, HR staff, Financial Planners, Insurance Agents, Nursing Home Staff, Hospital and Nursing Home Social Workers, Office on Aging Personnel, Senior Club Presidents, and Medicaid Workers

COST: Free if you pre-register by email. Complimentary materials provided at 12:00 sharp. We previously held this seminar for the Metuchen and Edison Adult schools. This program is limited to 15 people. Please bring a canned food donation, which will be given to the St. James Food Bank located on Woodbridge Avenue in Edison, NJ. Please email us if you plan on attending or if you would like us to email the materials.

SPEAKER: Kenneth Vercammen, Esq.

                 (Author- Answers to Questions About Probate)

The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.

Main Topics:

1. The New Probate Law and preparation of Wills              

2. 2014 changes in Federal Estate and Gift Tax exemption

3. NJ Inheritance tax $675,000

4. Power of Attorney                       

5.  Living Will                                           

6.  Administering the Estate/ Probate/Surrogate            

7.  Question and Answer                   

       COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney,  Living Wills, Real Estate Sales for Seniors, and Trusts.

       Co-Sponsor: Middlesex County Estate Planning Council

To attend or for Information: Mike McDonald 732-572-0500

or email VercammenLaw@Njlaws.com

Can’t attend?  We can email you materials

Send email to VercammenLaw@Njlaws.com

Professionals, Attorneys, Business owners invited to Happy Hour & Networking Social Friday, March 13, 2015 5:00PM - 7:00PM at Bar Anticipation 703 16th Avenue Lake Como/ Belmar, NJ 07719

 Professionals, Attorneys, Business owners invited to Happy Hour & Networking Social

Friday, March 13, 2015

 5:00PM - 7:00PM

   at Bar Anticipation

703 16th Avenue

Lake Como/ Belmar, NJ 07719

      

    Free !

5-7PM Hot & Cold Buffet

The reduced price Happy Hour is 6-7PM with $1 House Drink, Bud/BudLt draft & House Wine Special

   Please bring a canned food donation for the St. James Food Bank Hands of Hope, continuing providing food and help to individuals in need.

      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com

https://www.facebook.com/events/921987801168706

 www.njlaws.com/happy-hour.html

Co-sponsored by NJ State Bar Association, Middlesex County Estate Planning Council and several other business organizations