How many times does a process server attempt to serve divorce information before it will go to publication in New Jersey?
Full Question:
How many times does a process server attempt to serve divorce information before it will go to publication in New Jersey?
06/01/2007 |
Category: Divorce |
State: New Jersey |
#6094
Answer:
We are aware of no statutory number of times that an attempt to serve process must be made before service of process can be made by publication. Rule 4 of New Jersey’s Rules of Civil Procedure provides in part:
Whenever, in actions affecting specific property, or any interest therein, or any res within the jurisdiction of the court, or in matrimonial actions over which the court has jurisdiction, wherein it shall appear by affidavit of the plaintiff's attorney or other person having knowledge of the facts that a defendant cannot, after diligent inquiry, be served within the State, service may, consistent with due process of law, be made by any of the following 4 methods:1. personal service outside this State as prescribed by R. 4:4-4(b)(1)(A) and (B): or
2. service by mail as prescribed by R. 4:4-4(b)(1)(C); or
3. by publication of a notice once in a newspaper published or of general circulation in the county in which the venue is laid; and also by mailing, within 7 days after publication, a copy of the notice as herein provided and the complaint to the defendant, prepaid, to the defendant's residence or the place where the defendant usually receives mail, unless it shall appear by affidavit that such residence or place is unknown, and cannot be ascertained after inquiry as herein provided or unless the defendants are proceeded against as unknown owners or claimants pursuant to R. 4:26-5(c). But if defendants are proceeded against pursuant to R. 4:26-5(c), a copy of the notice shall be posted upon the lands affected by the action within 7 days after publication.