Q: How long in NEW JERSEY a person has to personally serve a summons and complaint on a defendant?
I have already filed my complaint and was issued a summons in Bergen County Superior Court in NJ. However, I thought I had 6 months to serve but I can find nothing to confirm this. I searched through all the NJ rules for service and found no time limit. I am now at 120 days and the defendant is out of state. Please let me know how long or if I already passed the deadline so I won't bother serving. Thank you.
A:
In New Jersey, the general rule is that you have 90 days from the date the summons was issued to serve the defendant. However, under certain circumstances, the court may extend this time frame if you can show good cause or if it's in the interest of justice.
Since you're at 120 days, you might have already exceeded the initial period. It's important to act promptly: you should file a motion with the court to request an extension for service. This is especially pertinent since the defendant is out of state, which can complicate the service process. You should consult the specific rules for serving a defendant out of state to ensure compliance with procedural requirements. You may also want to seek guidance from the court via their self-help or a legal professional to avoid any missteps that could jeopardize your case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
