Affidavit of Service (Return of Service) - New Jersey

AFFIDAVIT OF SERVICE

New Jersey Superior Court

CASE CAPTION

SUPERIOR COURT OF NEW JERSEY

[________________________________] DIVISION

[________________________________] COUNTY

Docket No.: [________________________________]

AFFIDAVIT OF SERVICE

STATE OF NEW JERSEY      )

                                        ) SS.

COUNTY OF [________________________________]  )

SECTION 1: AFFIANT INFORMATION

I, [________________________________] ("Affiant"), being duly sworn according to law, depose and state as follows:

1.1 Affiant Qualifications

1. I am over the age of eighteen (18) years.

2. I am not a party to the above-captioned action and do not have a direct interest in the litigation.

3. I am competent to testify to the matters stated herein from personal knowledge.

4. My authorization to serve process in New Jersey is based on the following (select one):

☐ Sheriff / Sheriff's Officer — I am a duly appointed sheriff or sheriff's officer of [________________________________] County, New Jersey, authorized to serve process.

☐ Special Civil Part Officer — I am a Special Civil Part Officer appointed under N.J.S.A. 2A:12-10.

• Appointment No.: [________________________________]

☐ Court-Appointed Special Process Server — I am a person specially appointed by the Court to serve process in this action by order dated [__/__/____].

☐ Plaintiff's Attorney or Attorney's Agent — I am plaintiff's attorney or the attorney's agent, authorized to serve process pursuant to N.J. Ct. R. 4:4-3.

☐ Competent Adult — I am a competent adult not having a direct interest in the litigation, authorized to serve process pursuant to N.J. Ct. R. 4:4-3.

1.2 Affiant Contact Information

SECTION 2: DOCUMENTS SERVED

I served the following document(s) (collectively, the "Service Packet") on behalf of the ☐ Plaintiff / ☐ Defendant in the above-captioned action:

Total number of pages served: [____]

SECTION 3: DATE, TIME, AND LOCATION OF SERVICE

Type of Location:

☐ Defendant's dwelling house or usual place of abode

☐ Defendant's place of business or employment

☐ Registered agent's office

☐ Secretary of State / Division of Revenue (for foreign corporations)

☐ Other: [________________________________]

SECTION 4: PERSON SERVED

4.1 Identity of Person Served

(Select one)

☐ Individual Defendant — I served the documents directly upon the named defendant:

Name as shown on summons: [________________________________]

☐ Substitute Service Recipient — I left the documents with the following person at the defendant's dwelling house, as permitted under N.J. Ct. R. 4:4-4(a)(1):

☐ Corporate / LLC Registered Agent — I served the documents upon the registered agent of the entity defendant pursuant to N.J. Ct. R. 4:4-4(a)(6):

☐ Corporate Officer or Director — I served the documents upon an officer or director of the entity defendant:

☐ Person Authorized by Appointment or by Law — I served the documents upon the following agent authorized to accept service:

☐ Partnership / Unincorporated Association — I served the documents upon a partner or managing agent pursuant to N.J. Ct. R. 4:4-4(a)(4):

☐ State of New Jersey — I served the documents upon the Attorney General pursuant to N.J. Ct. R. 4:4-4(a)(7).

☐ Other — I served the documents upon: [________________________________]

Basis for service: [________________________________]

SECTION 5: METHOD OF SERVICE

(Select the applicable method and complete all required details)

☐ 5A. Personal Service on Individual — N.J. Ct. R. 4:4-4(a)(1)

I personally delivered true and correct copies of the above-described documents directly to the individual defendant named in Section 4.

☐ 5B. Substitute Service at Dwelling — N.J. Ct. R. 4:4-4(a)(1)

I left true copies of the summons and complaint at the defendant's dwelling house or usual place of abode with the competent household member age 14 or older identified in Section 4, who resided there at the time of service.

☐ 5C. Service by Mail — N.J. Ct. R. 4:4-3(a) or 4:4-4(c)

I mailed copies of the summons and complaint by the method recorded below. Select the governing route:

☐ Rule 4:4-3(a), after unsuccessful personal service: I made a reasonable and good faith attempt at personal service, described with specificity in Section 7. I then mailed the papers by registered or certified mail, return receipt requested, to an address allowed by that rule. Any ordinary mailing is recorded below. If relying on ordinary mail after refusal to claim or accept registered or certified mail, record that refusal and confirm that the ordinary mailing was not returned.

☐ Rule 4:4-4(c), optional mailed service: I sent the papers by ☐ registered mail ☐ certified mail ☐ ordinary mail in lieu of personal service. This mailing establishes in personam jurisdiction only if the defendant answers or otherwise appears. A default cannot be entered based solely on this optional mailing if the defendant does not answer or appear.

☐ Return receipt (green card) is attached hereto as Exhibit [____].

☐ Return receipt has not yet been returned.

☐ Registered or certified mail was returned unclaimed / undeliverable.

☐ Ordinary mail was sent simultaneously with registered or certified mail. ☐ Ordinary mail was sent after refusal of registered or certified mail.

Mailing outcome: ☐ Registered or certified mail accepted on [__/__/____] ☐ Refused or unclaimed on [__/__/____] ☐ Ordinary mail not returned ☐ Ordinary mail returned on [__/__/____] ☐ Defendant answered or appeared on [__/__/____]. Attach the available postal record or court filing. For optional mail under Rule 4:4-4(c), if the defendant has not answered or appeared within 60 days after mailing, arrange service by another method authorized by Rule 4:4-4.

☐ 5D. Service on Corporation — N.J. Ct. R. 4:4-4(a)(6)

I personally delivered true and correct copies of the above-described documents to the registered agent, officer, or director identified in Section 4 above, or to a person authorized by appointment or by law to receive process on behalf of the entity.

☐ 5E. Service on Attorney of Record — N.J. Ct. R. 1:5-2

I served the documents upon the attorney of record for the party by:

☐ Personal delivery to the attorney's office

☐ Mail to the attorney's office address

☐ Electronic service through eCourts

☐ 5F. Service by Publication — N.J. Ct. R. 4:4-5

Service was accomplished by publication in [________________________________] (name of newspaper), a newspaper of general circulation in [________________________________] County, New Jersey, as authorized by court order.

☐ Publisher's affidavit of publication is attached hereto as Exhibit [____].

☐ 5G. Court-Ordered Alternative Service — N.J. Ct. R. 4:4-4(b)(3)

Service was made by the method authorized by court order dated [__/__/____].

Method ordered: [________________________________]

☐ A copy of the court order authorizing this method of service is attached hereto as Exhibit [____].

☐ 5H. Service Outside New Jersey — N.J. Ct. R. 4:4-4(b)(1)

I served the defendant outside the State of New Jersey at the following location:

SECTION 6: DESCRIPTION OF PERSON SERVED

(Required for Personal Service and Substitute Service)

SECTION 7: DUE DILIGENCE / DILIGENT INQUIRY

(REQUIRED by N.J. Ct. R. 4:4-7 for all service made by persons other than a sheriff or court appointee, and for all mail service. Must describe the facts of diligent inquiry regarding defendant's place of abode, business, or employment.)

7.1 Attempts at Personal Service

7.2 Diligent Inquiry to Determine Defendant's Whereabouts

(Required under N.J. Ct. R. 4:4-4 and 4:4-7 — describe with specificity)

☐ Searched public records (property records, voter registration, motor vehicle records)

☐ Contacted last known employer: [________________________________]

☐ Contacted relatives or known associates: [________________________________]

☐ Searched online databases and social media

☐ Checked forwarding address with U.S. Postal Service

☐ Visited last known address on [__/__/____] — Result: [________________________________]

☐ Inquired with neighbors at last known address

☐ Verified address through New Jersey Division of Revenue records

☐ Other investigation steps: [________________________________]

7.3 Reason Personal Service Could Not Be Effected

[________________________________]

SECTION 8: SERVICE FEES AND COSTS

☐ No fee was charged for service.

☐ Fee receipt is attached as Exhibit [____].

SECTION 9: ADDITIONAL STATEMENTS

[________________________________]

(Use this section for any additional information relevant to service, such as unusual circumstances, the defendant's response at the time of service, refusal of service, or any other facts the court should know.)

SECTION 10: CERTIFICATION AND OATH

Option A: Certification in Lieu of Oath — N.J. Ct. R. 1:4-4(b)

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Option B: Sworn Oath

I, [________________________________], declare and swear under penalty of perjury under the laws of the State of New Jersey that:

1. The foregoing statements are true and correct to the best of my knowledge, information, and belief.

2. I understand that any person who knowingly makes a false statement under oath is subject to prosecution for perjury pursuant to N.J.S.A. 2C:28-1.

3. I have personally performed the acts of service described in this Affidavit.

4. All acts of service were performed in strict conformity with the New Jersey Court Rules and any specific order of the Court.

(Note: Under N.J. Ct. R. 1:4-4(b), a certification may be used in lieu of an oath or affidavit in most New Jersey court filings. The certification carries the same force as a sworn statement.)

SECTION 11: EXECUTION AND NOTARIZATION

Executed on [__/__/____], at [________________________________], New Jersey.

_______________________________________________

[________________________________] (Printed Name of Affiant)

Affiant / Process Server

STATE OF NEW JERSEY      )

                                        ) SS.

COUNTY OF [________________________________]  )

Subscribed and sworn to (or affirmed) before me this [____] day of [________________________________], 20[____], by [________________________________], who is personally known to me or who has produced satisfactory evidence of identification.

_______________________________________________

Notary Public of New Jersey

My Commission Expires: [__/__/____]

(NOTARY SEAL)

(Note: If using Certification in Lieu of Oath under N.J. Ct. R. 1:4-4(b), notarization is not required.)

SECTION 12: ATTACHMENTS CHECKLIST

☐ Exhibit A — Copy of certified mail receipt / green card (if service by mail)

☐ Exhibit B — Copy of ordinary mail proof of mailing

☐ Exhibit C — Court order authorizing alternative service or publication (if applicable)

☐ Exhibit D — Publisher's affidavit of publication (if service by publication)

☐ Exhibit E — Affidavit of inquiry (if required under N.J. Ct. R. 4:4-4 and 4:4-5)

☐ Exhibit F — Additional return sheets for multiple parties served

☐ Exhibit G — Fee receipt (if applicable)

☐ Exhibit H — Photographs or GPS time-stamped proof of service location

☐ Exhibit I — Other: [________________________________]

SECTION 13: NEW JERSEY-SPECIFIC PRACTICE NOTES

Who May Serve Process in New Jersey (N.J. Ct. R. 4:4-3)

Under New Jersey court rules, process may be served by:

• Sheriff — The sheriff of the county where service is to be made.
• Court-Appointed Special Process Server — A person specially appointed by the court for that purpose.
• Plaintiff's Attorney or Attorney's Agent — The attorney of record for the plaintiff or the attorney's designated agent.
• Any Competent Adult — Any other competent adult not having a direct interest in the litigation.
• Special Civil Part Officer — In Special Civil Part matters, officers appointed under N.J.S.A. 2A:12-10.

Methods of Service (N.J. Ct. R. 4:4-4)

New Jersey recognizes the following methods of service on individuals:

1. Personal Service (R. 4:4-4(a)(1)) — Delivering a copy of the summons and complaint to the individual personally, or leaving a copy at the individual's dwelling place or usual place of abode with a competent member of the household of the age of 14 or over.
2. Service on Corporations (R. 4:4-4(a)(6)) — Serving a copy on any officer, director, trustee, managing or general agent, or any person authorized to receive process.
3. Mail after an unsuccessful personal attempt (R. 4:4-3(a)) — A reasonable and good faith personal attempt must be described with specificity in the proof. Registered or certified mail, return receipt requested, may then be used at an address allowed by the rule. Ordinary mail may follow refusal to claim or accept that mailing; simultaneous registered or certified and ordinary mailing is also allowed, with effectiveness subject to the rule's conditions.
4. Optional mail (R. 4:4-4(c)) — Registered, certified, or ordinary mail may be used in lieu of personal service, but it establishes in personam jurisdiction only if the defendant answers or appears. If there is no answer or appearance within 60 days after mailing, use another method authorized by the rule; optional mail alone does not support default.
5. Service by Publication (R. 4:4-5) — Available by court order when service cannot be made by other methods.

Proof of Service Requirements (N.J. Ct. R. 4:4-7)

Under Rule 4:4-7, proof of service must:

• Be in a form prescribed by the Administrative Director of the Courts
• State the name of the person served, the place, mode, and date of service
• A copy must be promptly furnished to plaintiff's attorney
• If service is made by a non-officer (not sheriff or court appointee), proof must be by affidavit including facts of the affiant's diligent inquiry regarding defendant's place of abode, business, or employment
• If service is by mail, the affidavit must include facts of failure to effect personal service and facts of diligent inquiry
• Must include any affidavits of inquiry required under R. 4:4-4 and R. 4:4-5

Filing Deadline

Under N.J. Ct. R. 4:4-7, proof of service on original process must be filed within the time during which the person served must respond to the process. In civil actions in the Superior Court, proof of service of original process must be filed within 35 days after service of the summons and complaint.

Certification in Lieu of Oath (N.J. Ct. R. 1:4-4(b))

New Jersey allows a certification in lieu of a sworn affidavit for most court filings. The certification must state that the signer is aware that willfully false statements subject the signer to punishment. When using a certification, notarization is not required.

Summons Issuance and Lack of Prosecution

Under N.J. Ct. R. 4:4-1, the summons should be issued within 15 days after the Track Assignment Notice; if it is not, the action may be dismissed under R. 4:37-2(a). Separately, R. 1:13-7(a) provides for notice of possible dismissal for lack of prosecution after an action has been pending four months without a required proceeding. That four-month point is not an automatic service deadline.

False Statements — Perjury

Under N.J.S.A. 2C:28-1, a person is guilty of perjury if, in any official proceeding, the person makes a false statement under oath or equivalent affirmation that the person does not believe to be true. Perjury is a crime of the third degree.

Sources and References

• N.J. Ct. R. 4:4-4 (Process — Methods of Service): New Jersey Courts
• New Jersey Service of Process Rules: Scura Law
• N.J. Ct. R. 4:4-7 (Proof of Service): Callahan Process Servers
• New Jersey Court Rules Regarding Service: Wolfe Ossa Law
• New Jersey Process Serving Laws Overview: ServeNow
• Service of Process — Monmouth Superior Court Guide: SmartRules