If you’ve ever been involved in a lawsuit — whether as a plaintiff filing a claim or as a defendant being sued — you’ve probably heard the term “service of process.”
It’s one of the most important steps in any legal case, and in New Jersey, there are very specific rules about how it must be done. If service of process isn’t handled correctly, a case can be delayed — or even dismissed.
Here’s what you need to know.
What Is “Service of Process”?
Service of process is the legal term for formally delivering court papers to someone who is involved in a lawsuit.
It’s the way the legal system makes sure that everyone who’s part of a case knows about it and has a fair opportunity to respond.
In short:
Service of process is how you officially notify the other side that a legal action has been filed against them.
It’s not enough to just tell someone “I’m suing you.” The law requires proof that the person was properly served with the paperwork.
Why Service of Process Matters
The U.S. Constitution guarantees everyone due process of law — that means you can’t be held responsible in court without being properly notified.
If the defendant in a lawsuit isn’t properly served, the court doesn’t have jurisdiction (authority) over that person. In New Jersey, that means the judge can’t move the case forward until service is corrected.
Proper service ensures fairness — no one can be blindsided by a lawsuit they didn’t know about.
What Documents Are Served
The exact papers depend on the type of case, but generally include:
- A Summons, which tells the defendant they’re being sued and gives them a deadline to respond.
- The Complaint, which explains what the case is about and what the plaintiff is asking the court to do.
- Sometimes additional documents like a Track Assignment Notice (TAN), Case Information Statement, or Order to Show Cause if the court requires them.
Who Can Serve Process in New Jersey
In New Jersey, service of process can be completed by:
- The Sheriff’s Office in the county where the defendant lives or works.
- A professional process server — a private individual authorized to deliver legal papers.
- In some cases, any adult who is not a party to the case (meaning not one of the plaintiffs or defendants).
The person who serves the papers must later file a Proof of Service or Affidavit of Service, confirming when, where, and how the documents were delivered.
Acceptable Methods of Service
New Jersey Court Rule 4:4-4 governs how service of process must be made. The main methods are:
1. Personal Service
This is the preferred and most reliable method. The process server or sheriff personally hands the documents to the defendant (or to someone authorized to accept them).
Once personal service is made, the clock starts for the defendant’s deadline to respond — typically 35 days in New Jersey civil cases.
2. Substitute Service
If the defendant can’t be found at home, papers can sometimes be left with a competent adult who lives in the same household, as long as it’s reasonably likely they’ll deliver them.
3. Service by Certified Mail
In some cases, service can be completed by certified mail, return receipt requested, along with regular mail. This is common in small claims, landlord-tenant matters, and certain civil cases.
If the defendant refuses delivery but the certified mail was sent correctly, service may still count as valid.
4. Service by Publication
If all other methods fail — for example, the defendant has moved without leaving a forwarding address — the court can allow service by publication.
That means notice of the lawsuit is published in an approved newspaper. This is used as a last resort and requires court approval.
How Long You Have to Serve Papers
Under New Jersey Court Rule 4:4-1, the plaintiff generally has 15 days after the Track Assignment Notice is issued to serve the defendant, though courts often allow additional time for good cause.
If service isn’t made in time, the case could be dismissed without prejudice (meaning it can be refiled once service is completed properly).
What Happens After Service
Once service is complete, the process server must sign an Affidavit of Service, confirming:
- The name of the person served,
- The date and time,
- The location, and
- The method used.
This affidavit is filed with the court as proof that service was done correctly.
Only then can the case move forward — including motions, discovery, and eventual trial or settlement.
Why You Should Get Professional Help
Serving legal papers might sound simple, but mistakes are common — and costly.
If service isn’t done exactly right, a defendant can challenge it, delay your case, or even have it dismissed.
An experienced attorney or process server knows how to:
- Locate hard-to-find defendants,
- Choose the right method of service,
- File the correct proof of service documents, and
- Avoid errors that could harm your case.
The Bottom Line
Service of process is a critical first step in any lawsuit. It’s how the legal system ensures fairness and due process.
In New Jersey, it must be done according to strict court rules — and done right the first time.
Whether you’re filing a personal injury claim, a contract dispute, or another civil action, make sure your paperwork is properly served so your case can move forward without delay.
Need Help Filing or Serving a Lawsuit?
If you need to file a case or aren’t sure how to properly serve the defendant, our law firm can help.
We’ll handle every step — from drafting your complaint to making sure service of process complies with New Jersey law — so you can focus on your case, not the paperwork.
