What Is Proof of Service in a New Jersey Lawsuit?
Key Takeaways for Business Owners
Filing with the court is not enough. You must also serve the other party.
Proof of Service shows the court how and when your papers were delivered.
Use the correct delivery method for your filing.
The person who sends the papers must sign the certification.
Missing or incorrect Proof of Service can delay your case.
At this point in our series, you already recognize the standard documents provided to you and how your case is positioned within the New Jersey Superior Court. You also have a working sense of when your response must be filed with the court. The next step is to understand how the court confirms that the other party actually received what you filed.
That confirmation is recorded through a Proof of Service, a short certification that identifies the person making service, notes the date of delivery, and explains the method used. In the sections that follow, you will find important explanations and drafting notes that will help you complete this required form without confusion.
What Proof of Service Is
In the last article of this series, you learned how to respond to a summons and complaint. You saw when that response must be filed with the New Jersey Superior Court and that you are not limited to a single type of filing. At this stage, you have several tools at your disposal, each used in a different situation:
Answer: Used when you want to respond to the numbered allegations in the complaint and put your version of events into the court record.
Verified Answer: Required when the case is in the Chancery Division or the General Equity Part, or when the complaint is verified.
Pre-answer motion: Filed when there are problems with jurisdiction, service, or the legal sufficiency of the complaint that should be addressed before an Answer.
Motion or stipulation for more time: Used when you need additional time to prepare a proper response before the current deadline expires.
Counterclaim: Filed when you have your own claims to bring against the party who sued you, arising from the same dispute.
If you do not file any response in time, the court can enter a default judgment against you. That result usually leaves you, a business owner, with fewer options and more risk, which is why timing and legal advice matter.
"Service" is the act of delivering court papers to the party who is supposed to receive them. Even when you file on time, the court still needs confirmation that the other party was “served.” That confirmation is created through Proof of Service, a short certification that identifies the person making service and describes how the copy was delivered.
How Proof of Service Works in Practice
Proof of Service shows the court that the required papers reached the party who needed to receive them. As the defendant, in most cases, you deliver filings to the plaintiff’s attorney, unless the plaintiff has no attorney of record. The rules allow several ways to complete service, and the method you choose depends on what the filing requires:
Regular mail, used for routine filings where the rules permit mailed delivery.
Certified mail, sometimes used when the sender wants a return receipt card as part of the record.
Personal service, required in certain equity matters or when a specific court order directs in-hand delivery.
Electronic service, allowed only when all parties have formally agreed to receive filings electronically.
Courier or hand delivery, used when timing or the nature of the document makes mailed service impractical.
A certification of service is then completed. It lists the date the papers were sent, the addresses used, the method of delivery, and the name of the person making service. The form is signed and filed with the court as part of the submission so the judge can verify that notice was properly given.
Conclusion
We hope this overview helped you understand how Proof of Service NJ fits into the process that began when you received the summons and complaint. This will reduce the risk of delay and keep your case moving forward.
Are you wondering about any of the issues mentioned above? Please email us at Info@staturelegal.law or call (732) 320-9831 for assistance.
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FAQs
What Happens if I File My Response but Forget to Include a Proof of Service?
If a response reaches the New Jersey Superior Court without a Proof of Service, the clerk may mark the filing as incomplete or ask for the missing certification. The case does not automatically move forward until the court has a record showing how the other party received the papers. You can usually correct the issue by preparing a proper certification, stating the date and method of delivery, and filing it promptly. Delays are avoidable if the correction is made before the judge reviews the submission.
Who Is Allowed to Complete the Proof of Service Certification?
The certification must be completed by the person making service. That can be you, your attorney, or another individual who handled the delivery. The court needs a clear statement from the actual sender so the information can be acknowledged as accurate. A third party who was not involved in the mailing or hand delivery cannot sign the form because they cannot truthfully certify the process.
Do I Need to Send a Separate Proof of Service for Each Document I File?
A single certification can cover several documents if they were all sent to the same party at the same time using the same method of service. If the documents are mailed or delivered on different dates, or if they go to different recipients, each delivery requires its own certification. The key is matching the certification to the exact papers and delivery details.
What Counts as Proper “Delivery” in a New Jersey Civil Case?
"Delivery" refers to the method used to get the papers to the required party. Regular mail is common in Law Division cases, while certified mail may be used when a return receipt card is needed for the record. Some matters in the Chancery Division or General Equity Part may require personal service. Electronic service is permitted only if all parties have formally agreed to it beforehand.
What Do I Do if the Other Party Claims They Never Received My Papers?
The first step is to look at your Proof of Service certification and any mailing records you kept, including tracking information or a return receipt card if one was used. The court will review those details to determine whether service was proper. If the address was correct and you followed the required process, service is usually considered valid even when the other party denies receipt. If there was a mistake, you can repeat the service process and file an updated certification so the record is clear.