Legal Question in Civil Litigation in New Jersey
Problems With City Police
What happened was the court is in Florida and the defendant lives in New Jersey. I sent the original summons to his local police for serving. I went to the trial on the date and he never showed up. I called along with the court to the police dept and they said they thought they remember the case but don't have it. I sent a summons to a city police dept. which was supposed to be delivered and served. I have documentation that the summons was received by the police dept. However, the head of records refuses to acknowledge that he received the summons. I called up to the station today and he said he never saw it and he will not sign an affidavit stating that the original was lost. I contacted the post office and they assured me that it was delivered, I even have the tracking information of all the places it went before it was delivered. I have so much invested in the court case and now it will be dropped without that paper. I have 100% proof of delivery the head of records at the police station lost it and will not admit it.
1 Answer from Attorneys
Re: Problems With City Police
The police don't serve process in New Jersey. If permitted by Florida rules, you can use a commerial process server.
See also: http://info.corbettlaw.net/lawguru.htm