Service of Process

In this Topic

  1. Introduction
  2. Personal Service
  3. Service by Mail
    1. Valid Service Delivery Types
  4. Acceptance of Service
  5. Proof of Service
  6. Unsuccessful Service
  7. Diligent Effort to Serve the Defendant
  8. Related Information

Introduction

The purpose of Service of Process is to obtain jurisdiction over the defendant in a legal action, such as a complaint for paternity and/or child support. Additionally, Service of Process ensures that the defendant has an opportunity to respond to and/or participate in the proceeding. It consists of a complaint that sets out the cause of action against the defendant and the requested relief. It also includes a summons that instructs the litigants when and where to appear for the hearing and the possible consequences of failure to appear. No action to establish paternity or a support obligation may proceed unless Service of Process has been properly completed. The New Jersey Court Rules govern Service of Process.

The types of service are:

  • Personal service
  • Service by regular and certified mail

Personal Service

Personal Service of Process can be made by a sheriff, by a person specially appointed by the court, by the moving party’s attorney, or by a competent adult having no direct interest in the case. The person making personal service hands a copy of the summons or complaint:

  • to the defendant or non-moving party;
  • at the dwelling place of the defendant, to a member of the household age 14 or older with whom the defendant residesresidesRule 4:4-4.

Service by Mail

Service by mail is the most common method of service used in paternity and child support cases and is authorized by Rule 5:4-4(b). The Family Division of the county in which the complaint was filed mails the complaint simultaneously by both certified and regular mail to the address of the defendant as provided by the moving party (usually the CPCustodial parent or party, the NCPNon-custodial parent, or the CWACounty Welfare Agency). This mailing constitutes proof of service unless

  • there is no proof that the certified mail was received, or
  • either the certified or regular mail is returned by the postal service marked “moved, unable to forward,” “addressee not known,” “no such number/street,” “insufficient address,” “forwarding order expired,” or
  • the court has reason to believe that service was not affectedaffectedRule 5:4-4(b)(2).  

Valid Service Delivery Types

The following constitute valid service delivery types:

  • Certified Mail, Claimed or Unclaimed with Regular Mail, Not Returned
  • Restricted Mail Signed by the Non-moving Party

For more information and guidance on certified mail status, please refer to Action Transmittal 18-06: Certified Mail Status in NJKiDS.

Acceptance of Service

The defendant or the defendant’s authorized agent may accept Service of Process by filing an acknowledgment of service with the courtcourtRule 5:4-4(d).

Proof of Service

In accordance with Rule 5:4-4, proof of service on the defendant must be established before any action can be taken at the hearing. Proof of service consists of the following:

A return of service completed by a sheriff or an Affidavit of Service form completed by a competent adult making personal service setting forth the:

  • Date, time, place, and manner of service
  • Identity of the person served

A proof of service by certified mail that includes:

  • a returned receipt signed by the defendant or household member, or
  • a United States Postal Service electronic return receipt, or
  • the returned letter with a notation that the defendant has refused to accept delivery, accompanied by an affidavit that the regular mail was returned, or
  • certified mail returned unclaimed, with regular mail not returned

Regardless of the method of service, a party who appears for the hearing or conference may be deemed to have been served. Refer to your supervisor as a reference.

Physical appearance may not be required, or relaxed rules of appearance may apply to a party to an intergovernmental action. This is consistent with N.J.S.A. 2A:4-30.92(a). In addition, consistent with N.J.S.A. 2A:4-30.92 (f), the court, in accordance with its local rules and/or procedures, may also approve the participation of a party by electronic means (telephone, audiovisual, or other). The support proceeding is then conducted without the physical presence of the party being required.

Unsuccessful Service

If the defendant fails to appear and service is unsuccessful because of an invalid address, the court dismisses the complaint without prejudice (which allows the complaint to be filed again at a later date), subject to reinstatement retroactive to the original filing date, if service is subsequently affectedaffectedRule 5:4-4(b)(3). When a complaint is dismissed with prejudice, that action cannot be refiled.

Note: If the defendant’s last known address is deemed invalid for purposes of service, automated locate services must be initiated.

Diligent Effort to Serve the Defendant

In accordance with the Code of Federal Regulations, 45 CFR 303.3(c), the CWA and the Family Division are required to exercise diligent effort to serve the defendant in a support action, document unsuccessful service attempts, and make repeated attempts to effect Service of Process through any available methods at all possible locations until service is completed. Diligent efforts include, but are not limited to the following:

  • Interviewing the plaintiff for additional information
  • Using multiple manual and automated locate sourcessourcesCode of Federal Regulations, 45 CFR 303.3(b)(1)
  • Promptly attempting service as information is obtained
  • Filing a new complaint

As part of the procedure for documenting attempts at service, NJKiDSNew Jersey’s Federally certified, statewide automated case management system for tracking all information related to child support cases. NJKiDS monitors cases to ensure that case actions are completed within required time frames. NJKiDS is also used to provide statistics, reports, and information about child and alimony/ spousal support enforcement in New Jersey to Federal, State, and local authorities. NJKiDS serves as the State Case Registry for IV-D support cases. must track the Service of Original Process of the complaint for paternity and/or support.

  • Rule 4:4-4
  • Rule 5:4-4(b)(2)
  • Rule 5:4-4(d)
  • Rule 5:4-4(b)(3)
  • Code of Federal Regulations, 45 CFR 303.3(b)(1)

 

Institute for Families, School of Social Work  Rutgers, the State University of New Jersey - Child Support Program Manual 2020 Release