Legal Question in Civil Litigation in New Jersey
Requirements to appear from another state
I (provider living in another state) have a signed agreement for services rendered with providee who lives in New Jersey. Providee has sued me for breach of the agreement, which I of course contest. First, is service of process via electronic means valid in New Jersey? Doesn't he have to at least serve me by certified mail? Second, do I actually have to fly to New Jersey and appear or can I file a written Answer? I also would like to file a Motion to Dismiss on grounds that the providee breached the agreement and therefore it is void, which I believe would be successful. The agreement states venue must be Essex County, New Jersey, and that paragraph survives any breach of other paragraphs. I consider this frivolous and it is a huge waste of my time and money to have to appear personally to deal with this. What are my options?
1 Answer from Attorneys
Re: Requirements to appear from another state
The NJ rule on service in a foreign State depends partially on the methods of service that are honored in that State. My guess is that electronic service does not pass muster. However, it is tricky business to challenge service of process on technical grounds when one has actual notice of the action. Also, you have to ask yourself whether it is worth the challenge when the problem can be easily corrected by his sending a process server. There is no cut-and-dried answer to that question, so you should consult your lawyer.
You can answer in writing but, unless you are represented by counsel, you will have to come to NJ to represent yourself any time that a personal appearance is required. If you have a NJ lawyer representing you, it may be possible for you to testify by telephone during any hearings.
Depending on the type of action and the amount involved, my firm may be able to help. If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
