In New Jersey, after you file a lawsuit or other legal document naming another party in the action, you must provide the defendant with a copy of the filed document. This is called service of process. Service of process is an important part of any lawsuit because it provides the defendant with actual notice of the pending action. In addition, service of process ensures the defendant has an opportunity to respond to the action. For example, the defendant may wish to challenge the court’s jurisdiction, or file an answer in a civil lawsuit. Failure to serve the defendant with all filed documents can result in severe consequences, including the court dismissing your lawsuit. Therefore, it is very important to follow the correct procedure when completing service in New Jersey.

Any individual over the age of 18 who is not a party to the action can act as a process server. A process server is the individual that delivers the filed court documents to the defendant. New Jersey recognizes several methods of service. For example, the process server can personally serve the defendant. Personal service involves personally handing the defendant a copy of the documents. In addition, the state of New Jersey recognizes service by registered or certified mail if personal service is not possible. The documents should be mailed to the defendant’s place of residence, with return receipt requested. If the defendant refuses to accept service, the plaintiff can then mail the documents using regular mail delivery service.

New Jersey also recognizes substituted service as an effective means of providing the defendant with notice of the pending lawsuit. Substituted service allows the process server to leave the documents at the defendant’s home, with an individual that lives in the home over the age of 14. In addition, the process server must make it clear to the individual that the documents are legal documents and are very important. The process server must follow up with a mailing of the document to the address where the process server accomplished substituted service.
          

After the process server completes service, the process server will fill out an affidavit of service. The affidavit of service describes the date, place, time and method the process server used to accomplish service. If substituted service was used, when completing the affidavit of service the process server must indicate the individual’s name, or a detailed physical description of the individual who accepted service on behalf of the defendant.  In addition, the affidavit of service must be notarized. This document must be filed with the court prior to your first appearance, and provides evidence to the court of the defendant’s knowledge of the lawsuit. If the defendant fails to respond to the lawsuit or appear in court on the stated date and time, the affidavit of service provides evidence to the court of the defendant’s knowledge of the legal action. The affidavit of service form is available online at the New Jersey court’s website for professional process servers http://www.judiciary.state.nj.us/civil/forms/10516.pdf.


If you have any additional questions or concerns regarding how to complete service in New Jersey, contact the New Jersey Courts, Civil Division at http://www.judiciary.state.nj.us/civil/.