Filing a civil suit against a corporation across the U.S. requires plaintiffs to serve process on the defendant. In other words, whoever is looking to engage in a legal battle with a large company has to serve the opposing party, i.e. the defendant, with a court summons along with a copy of the complaint.
To ensure the process is in line with the lawful rules and regulations, a person can hire a process server to convey the action for them. For example, if the plaintiff (the person commencing the legal action) resides in New Jersey, they can hire a process-serving firm to act on their behalf.
Going head-to-head with massive establishments is always challenging, but knowing how to approach the issue can greatly help. Read on to learn how to serve process on the New Jersey Department of Banking and Insurance.
The Main Considerations for Serving Process on the NJDOBI
New Jersey law mandates the plaintiff to serve process within 120 days following the court filing, including an index number. The reason behind the particular time frame is to allow the defendant enough time to hire counsel and prepare the defense. The court can deem the case dismissible if the process of service is delayed or done incorrectly.
In particular cases, the plaintiff can serve process to the state via the New Jersey Department of Banking and Insurance regarding insurance issues and financial matters. In such cases, the Department serves as the substitute for the registered agent. Remember that the Department can be the substitute only if the business is not effectively registered or has not renewed its registration.
How to Serve Process
If you’re the plaintiff, you must bear in mind to follow the strict protocols and procedures for your claim to be valid and effective. Before anything else, the plaintiff must research the relevant database to discover whether the defendant, i.e. the business entity, is registered as such.
The Department of Banking and Insurance will hold and govern all records of registered insurance companies, banks, and other relevant business entities.
If the plaintiff is unable to determine the registration status of the entity in question, they can request the Department of Banking and Insurance to conduct the search. In that case, the plaintiff will be charged a certain fee and receive a hard copy of the Status Report.
Should the Department discover details on the whereabouts of the business entity, the plaintiff must first serve the process at the provided address. If the address is invalid, the plaintiff can obtain an Affidavit of Attempted Service.
Lastly, the Department will accept the service of the process, including:
- The Affidavit of Attempted Service;
- The Status Report;
- An assigned fee.
Trust Serve Index LLC to Be Your Process Server in New Jersey
To help you stay in line with the rules and regulations comprising the New Jersey legal system, we at Serve Index LLC offer you a plethora of services. From acting on your behalf in the case of process serving for foreclosure purposes, or retrieving court documents for you promptly, you can turn to us for anything process service-related.
Request a free quote, today.