Why New Jersey Foreclosure Cases Require a Knowledgeable Process Server

By July 27, 2015 August 4th, 2015 No Comments

New Jersey foreclosure cases, with their lengthy and specific rules and compliance requirements, make having a knowledgeable process server a must.

Because of the constant change in foreclosure rules, what was acceptable as to service and due diligence three years ago is very different then the accepted practices for today.

Knowing what information to collect depending on who is residing at the property as well as making any notations as to the property condition can be invaluable for an attorney seeking a foreclosure. Proper notification of tenants is also extremely important in foreclosure cases, and your process server should know what information needs to be given and how to proceed if the property is tenant occupied. Sometimes an individual will only answer the door once and this is a process server’s golden opportunity to get the information both they and the plaintiffs need.

In the case of foreclosures knowing the rules regarding fictitious spouses is also relevant, as many courts have requirements as to how you can serve an individual and their spouse. Serving someone as the “husband of” or “wife of” or not serving them at all could mean the difference of needing to attempt service again or not. Serving again = increased timelines and more money spent.

Having a knowledgeable and experienced process server can also reduce costs. Many times in the event where service can’t be completed, an attorney must serve through alternate methods such as publication and certified mail. The cost of publication varies depending on the particular newspaper and number of words, but it is always an additional cost and additional time that could have been avoided if service was completed.

There is also the administrative tasks required for producing publications. The courts are very strict in regard to what they will or won’t accept as proper service by publication and having one piece of information wrong or missing from a publication will almost always result in needing to print the publications all over again.  Time spent on publications is valuable time you and your staff could be spending elsewhere.

Looking for a knowledgeable New Jersey process server to handle your foreclosure services? Contact us today to see how our expertise can help keep your timelines moving.

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