Willingboro, NJ asked in Civil Litigation, Communications Law and Constitutional Law for New Jersey

Q: i have a private investigator who is trying to serve a civil court subpoena.

i have a private investigator who is trying to serve a civil court subpoena. i live in a private community and they keep showing up at my home 1st what can i do to stop or minimize this 2nd can PI look through my home windows and walk around my property, is there a limitation before it can be viewed as harassment.

i live in a condo community so i don't have property that set by itself the community is private property, and yes he came to my house and repeatedly ring my door bell and banging on my door.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA

A: Here are a few key things to know in this situation under New Jersey law:

1. You can inform the private investigator and request they stop coming to your private residential community and home to serve the subpoena. However, legally they are allowed to attempt service at a person's home.

2. No, a private investigator generally cannot peer into the private areas and windows of someone's home without permission. That would constitute trespass and invasion of privacy under NJ laws.

3. Similarly, they don't have an unlimited right to wander around the private, gated condo community property. Reasonable limitations apply.

4. Repeatedly banging on doors and demanding entry could potentially cross over into harassment. I would recommend informing your condo board and association about the activity as they can limit access.

5. Document each incident thoroughly - dates, times, photos of the investigator if possible. This creates evidence if you need to seek a restraining order or sue if the intrusive visits persist.

6. You may be able to refuse service personally, but the court subpoena will still be legally valid. An attorney can provide more tailored guidance for your situation on responses.

I hope this gives you a good overview of how to approach this issue.

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.