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October 13, 2015

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How Much Time Do You Have to Issue a Summons in New Jersey?

December 8, 2017

 

How much time do you have to issue a Summons in New Jersey? 

Once you have filed a complaint with the court in New Jersey you have 15 days to issue a summons from the date of the Track Assignment Notice. If you fail to do so your action may be dismissed. The summons must be served together with a copy of the complaint to the defendant, namely the person you are suing.

 

Who can serve the Summons and Complaint?
The summons and the complaint cannot be served by a person who has a direct interest in the litigation. Only your attorney, an attorney’s agent, a person specially appointed by the court for that person or a competent adult who doesn’t have an interest in the litigation can process the service.

 

In the State of New Jersey a person is served when a copy of the summons and complaint are delivered to the individual personally or when a copy is left at the individual’s dwelling or usual place of abode with a suitable age person (a competent household member of the age of 14 or a competent adult residing therein).

 

Moreover, a person is served when a copy of the summons and complaint are delivered to a person authorized by appointment or by law to receive process of service on his behalf. For each defendant, you must get proof of service – an affidavit of service – from the process server and file it with the court to show that the defendant was actually served. This proof will be essential in case the defendant fails to timely file an answer because it will give you the opportunity to request the judge to enter a default judgement against the defendant.

 

More detailed information about service of process can be found at:
https://www.judiciary.state.nj.us/attorneys/assets/rules/r4-4.pdf
https://www.judiciary.state.nj.us/attorneys/assets/appellate/practitionersguide.pdf 

 

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