New Century summon

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Originally Posted by SOAPLADY States that do allow service by mail do not require certified mail...normal 1st class mail is fine. You will have to tailor your own response with any defenses you have. You can DV but it will not stop the proceedings.

What is DV?

Regarding the defense, isn't asking for proof of debt ownership enough defense?

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Originally Posted by SOAPLADY DV=debt validation Answering the summons involves answering the complaints the plaintiffs made in the summons. You might want to do some research about answering a summons.

Sorry to sound a little hard headed, but isn't answering the complaint, which is "you owe us $X", essentially asking for DV?

Complaint: You owe me $X
I answer: I don't recognize said debt, please validate it.

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Originally Posted by SOAPLADY You have to do the DV seperately, not in the answer.

Alrighty then..

Thank you.

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Originally Posted by SOAPLADY States that do allow service by mail do not require certified mail...normal 1st class mail is fine. You will have to tailor your own response with any defenses you have. You can DV but it will not stop the proceedings.

While that may be true in some states, it is not true in New Jersey....take a look at NY process serving law:

[QUOTE]
4:4-3. By Whom Served; Copies
Summons and Complaint.
Summonses shall be served together with a copy of the complaint, by the sheriff, or by a person specially appointed by the court for that purpose, or by plaintiff???s attorney or the attorney???s agent, or by any other competent adult not having a direct interest in the litigation. If personal service cannot be effected after a reasonable and good faith attempt, which shall be described with specificity in the proof of service required by R. 4:4-7, service may be made by registered or certified mail, return receipt requested, to the usual place of abode of the defendant or a person authorized by rule of law to accept service for the defendant or, with postal instructions to deliver to addressee only, to defendant???s place of business or employment. If the addressee refuses to claim or accept delivery of registered or certified mail, service may be made by ordinary mail addresed to the defendant???s usual place of abode.
[/QUOTE]

They can only use regular mail in NJ if they already tried to serve you personally, and that failed...and then they tried certified mail, and you refused to accept or sign for it then. If those two things did not happen, then I would be checking the court clerks office for the court listed on the summons to make sure it is even real. Then I would review the docket thus far for details about the case--if it is real, then they only have 10 days from filing the complaint to have you served:

[QUOTE]
Rule 4:4. Process
4:4-1. Summons: Issuance
The plaintiff, the plaintiff???s attorney or the clerk of the court may issue the summons. If a summons is not issued within 10 days after the filing of the complaint the action may be dismissed in accordance with R. 4:37-2(a). Separate or additional summonses may issue against any defendants.
[/QUOTE]

When checkinhg the docket, compare the date that the complaint was filed with the date you received the summons. If they are more than 10 days apart, then according to New Jersey law the case can be dismissed. However, that doesnt mean they wont just refile it.

Also, They have to sue you in the county in which you reside. If this is from a county that you do not live in, then you should respond with the affirmative defense of improper venue.

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Originally Posted by Anonymous summons service in NJ is done by regular and certified mail simultaneously. if one of those methods is received its considered good service. i was screwed on this issue once before.

no disrespect intended, but if you studied the letter of the law in NJ you might not have been screwed by this. What you have stated is in fact not the law. Here--take a look:

[QUOTE]
4:4-3. By Whom Served; Copies
Summons and Complaint.
Summonses shall be served together with a copy of the complaint, by the sheriff, or by a person specially appointed by the court for that purpose, or by plaintiff???s attorney or the attorney???s agent, or by any other competent adult not having a direct interest in the litigation. If personal service cannot be effected after a reasonable and good faith attempt, which shall be described with specificity in the proof of service required by R. 4:4-7, service may be made by registered or certified mail, return receipt requested, to the usual place of abode of the defendant or a person authorized by rule of law to accept service for the defendant or, with postal instructions to deliver to addressee only, to defendant???s place of business or employment. If the addressee refuses to claim or accept delivery of registered or certified mail, service may be made by ordinary mail addresed to the defendant???s usual place of abode. The party making service may, at the party???s option, make service simultaneously by registered or certified mail and ordinary mail, and if the addressee refuses to claim or accept delivery of registered mail and if the ordinary mailing is not returned, the simultaneous mailing shall constitute effective service. Mail may be addressed to a post office box in lieu of a street address only as provided by R. 1:5-2. Return of service shall be made as provided by R. 4:4-7.
[/QUOTE]

Read the part in red--the law does not state that both must be done at the same time. The law also does not state that regular mail is even an acceptable form of service until after both personal service and certified mail service have already been tried. If your own case went to the contrary to this, then you got shafted. The one and only way that NJ law allows for regular mail as method of service is if personal service attempts have failed, and only then at the very least it must be done in combination with a certified mail attempt. The option to use regular mail at the same time as certified is solely up to the plaintiff in a case, but no matter what, there must have been bona fide attempts made to serve in person, and then bona fide attempts made to serve by certified mail.