Serving Small Claims Papers in Essex County

Who arranges it

See below

Cost per defendant

$7

Lawful methods

3

Filing fee

$35

Who serves the papers in Essex County

The court mails the summons and complaint to the defendant(s) after filing; the plaintiff does not personally serve the defendant. If mail service is unsuccessful, the plaintiff may request personal service by a Special Civil Part Officer. In Essex County the charge is $7 per defendant.

• Certified and regular mail, sent by the court (N.J.S.A. 22A:2-37.1)
• Personal service by a Special Civil Part Officer
• Substituted service on the NJ Motor Vehicle Commission (motor vehicle actions)

If service is not completed before the scheduled trial date, the case will not be heard until the defendant is successfully served; an unsuccessful mail attempt requires the plaintiff to request and pay for personal service by a court officer.

What the court checks, and when

Two things people get wrong about service:

• The clerk accepts your filing whether or not service is done properly — the counter is not the check.
• Whether service was good is tested later, usually when the defendant does not appear and you ask for a default.

There is no pretrial conference in the Small Claims Section; on the trial date the court first attempts a settlement conference with a trained settler before trial.

If service is not completed before the scheduled trial date, the case will not be heard until the defendant is successfully served; an unsuccessful mail attempt requires the plaintiff to request and pay for personal service by a court officer.

Getting it done in the right order

1. 1. File first. The court issues the summons; you cannot serve papers that have not been issued. Budget $7 per defendant on top of the $35 filing fee.
2. 2. Give the server a real address. A business's registered agent address, or the person's residence. A PO box or a stale address is the most common reason service fails and the case stalls.
3. 3. Get the proof filed. The server files a return of service with the court. Without it on the docket, the court treats the defendant as never notified — however certain you are that they received it.
4. 4. Watch the hearing date. If service is not complete in time, the first date you were given at filing is wasted and the case is reset.

Common questions

Who serves small claims papers in Essex County?

The court mails the summons and complaint to the defendant(s) after filing; the plaintiff does not personally serve the defendant. If mail service is unsuccessful, the plaintiff may request personal service by a Special Civil Part Officer.

How much does service cost in Essex County?

$7 per defendant through the court's process. A private process server sets its own fee.

Can I serve the papers myself in Essex County?

No. Service is done by someone who is not a party to the case — a sheriff's civil division, an authorised process server, or another permitted method. Handing them over yourself does not count.

What happens if the defendant cannot be found?

The case does not move. Courts have alternative-service procedures for that situation, but they have to be applied for and they are not automatic.