When filing a civil suit against a large company anywhere in the United States, plaintiffs are required by law to serve process on the defendant. This means serving the defendant with a court summons and a copy of the complaint. This is what is called due process, and these are the process papers.
To ensure compliance, the plaintiff can hire a licensed process server to do the serving. For instance, if the defendant is a resident of New Jersey, the plaintiff can hire a New Jersey state process service.
The law requires the plaintiff to serve process not later than 120 days after the suit was filed in court with an index number. This allows the defendant to get a lawyer and prepare the defense. If the process is not served on time, the court can dismiss the case.
Serving Process to a Business in New Jersey
In New Jersey, domestic or foreign businesses that are required to register with the state to transact business are also required to have a registered agent and address. This applies to limited liability companies (LLC), limited partnerships, and corporations.
The registered agent of the company is registered with the Secretary of State as the official representative of the company appointed to receive service of process at the registered address. This makes it easier for any plaintiff to serve process on the company since a company may have several offices and it may be difficult to find its owner or partners.
Serving Process on the New Jersey Department of Treasury
Serving Process on the New Jersey Department of TreasuryIn specific cases, the plaintiff can serve process to the state through the New Jersey Department of Treasury as a substitute for the registered agent. This is only allowed if the business had not been registered or failed to renew its registration, or if it had not registered an address or an agent.
The plaintiff is required to follow a strict procedure before it can be allowed to serve process on the New Jersey Department of Treasury.
First, the plaintiff must search at NJ Dept of Treasury –Status Lookup to determine if the business entity is registered. All corporate records of the state are under the management of the Department of Treasury. The plaintiff can request the Department of Treasury to do the search and issue a printed Status Report for a fee of $35.00 plus expenses.
If there is a registered address on the Status Report, the plaintiff must attempt to serve process at that address. If the address is no longer valid for the business entity, the plaintiff must accomplish an Affidavit of Attempted Service documenting the attempts.
The New Jersey Department of Treasury will then accept the service of process. The process papers must also include the Status Report, the Affidavit of Attempted Service, and a check of $25 made out to the “Treasurer State of New Jersey.” If the defendant is an LLC, the check must be for $75.00.
Why Plaintiffs Need a Process Service
Some businesses can be skilled at evasion techniques. This is why it is important to hire a reputable process service. Serve Index LLC is experienced at successfully serving process properly and on time, with documented proof of service. Get in touch with us at 888-994-6339 or email [email protected] if you have questions. We also provide free quotes.