Legal Question in Civil Litigation in New Jersey
Civil litigation
can a minor accept service of a document in a civil matter?
3 Answers from Attorneys
Re: Civil litigation
The New Jersey Court Rules provide that service can be made by delivery of the summons and complaint to a "competent individual of the age of 14 or over[.]"
Re: Civil litigation
Service of complaint and summons, under the court rules, can be effected by serving another occupany of defendant's residence who is fourteen years of age or older.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Civil litigation
It depends on the age of the minor. The New Jersey Court Rules provide that service can be made by delivery of the summons and complaint to a "competent individual of the age of 14 or over". So assuming the child is ver 14 and competent, then the answer would be yes.
Process is about notice. So, while it is necessary to achieve process, the idea that one can avoid a lawsuit by avoiding process is a little fictionalized. You certainly have the right to insist on proper process, but if the Court finds that an attempt is made to avoid it purposefully, there are remedies. The improtant thing is that if you are served you then get proper legal advice on your rights to address the suit.