Hoffman, NJ asked in Consumer Law, Civil Litigation and Small Claims for New Jersey

Q: Notice to enforce litigants rights

I have a judgment against a contractor who refused to return deposit. I have already served information subpoena to defendants court appearance. Now, all of his court appearances are virtual. Defendant has not responded to information subpoena within time alotted. I filed notice to enforce litigants Rights section a & b. Problem is that i have no recent address for defendant. Just defendants mother’s address. How can I serve defendant notice to enforce litigants rights without a recent address? Only thing I have is defendants last known address. All mail sent to defendants last known address has been returned to sender.

1 Lawyer Answer
Leonard R. Boyer
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  • Clifton, NJ
  • Licensed in New Jersey

A: You have to get a Judge to grant you permission to effectuate service by publication. But you risk the contractor being able to discharge the judgment in bankruptcy. If you cannot establish fraudulent conduct that is not dischargeable in bankruptcy then you have a real problem. There are too many unknowns and this would be beyond what an attorney would include in a free consultation. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

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