Hudson County, NJ Sheriff Attempting to Serve Process
According to the attached Affidavit of (Attempted) Service the Hudson County Sheriff had documents for well over 3 weeks in which time they made 3 attempts at serving the defendant in this matter. Those attempts were all on weekday mornings between 9:05 AM and 11:14 AM (Wednesday, Monday and Tuesday respectively).
Callahan lawyers Service had these same documents served within 4 business days of receipt – including prior attempts at service.
The sheriff submitted an “Affidavit of Service” (for process that was NOT served) stating only “UNABLE TO LOCATE”. The affidavit shows no indication of what is at the provided address; is it a house, an apartment complex, commercial business, etc. They never say who is at the address, never spoke to a neighbor to confirm the address, no confirmation of supplied address being a bad address or a valid current address. They never say if there is any indication that defendant lives at the address; is there a name on door or on the bell, any packages at address indicating who lives there? Is the address even occupied? Were there any cars, mail or garbage cans present? They never attempted to locate a phone number or make contact with the defendant. Did they consider attempting service at 71 Second Street in Secaucus, NJ, a street that exists there?
Considering the supplied address is a home address it only makes sense to attempt service before or after normal working hours. Only a salaried individual, who has no interest in satisfied clients, would only make 3 attempts in more than 3 weeks and none before or after business hours or on a weekend – when people are far more likely to be at home.
At no time during the process of attempting service, or after closing the service out as not served, was there communication with the firm/client. They made their 3 attempts in 3+ weeks and closed the job as not served; period.
The affidavit says it was signed on the same day as the sheriffs’ last attempt – meaning Mr. Silva would have had to be back in the office long before 4:00 PM to have the affidavit printed by office staff for him to then sign.
ADVANTAGES OF A PRIVATE PROCESS SERVER
1. When documents come in for service they are put out in the field for service very quickly
2. The client is notified when their service of process is received by the private process server, notified of any issues or problems effecting service and notified when service is completed.
3. Affidavits of Service are provided with detailed information including, type of address, description of person served, full names and relation to defendant, often time we supply pictures and signatures when available.
4. Most private process servers are set up for the client to track their process through on line accounts.
5. As a general rule a private process server will have your process served, barring any serious problems, within 3 to 5 days – quicker if you are willing to pay a premium.
6. If the client supplies a bad address, new addresses can often be located and the same server will serve at the new address whether it is across town, across the county, in another county, in another state or even another country.
7. Private process servers may get information on the place of employment for defendant, phone numbers, date of birth, etc.
8. Private process servers will, at no additional cost, advise the client who is at the supplied address, what is at the address, is the defendant known, if they moved – how long ago, is the property occupied or vacant, are there cars at the address, what are the tag numbers, are there any packages with names on them at the address, do the garbage cans go in and out, is the property maintained (lawns cut, raked, snow removed, etc.) do the current occupants and or neighbors have any information about the defendants current whereabouts.
9. You will receive notarized affidavits of service suitable for filing in your court.
This and much more is done routinely. Private process servers cost more than the sheriff to get your process served – they are not subsidized with tax dollars. The private server is far more efficient than the sheriff. If saving $20.00 or $30.00 is more important than extra weeks and often months in getting service effected than the sheriff may be right for you. BUT if getting your documents served timely and correctly is important to you than demand your client pick up the service fees and let the private server deal with the stress.
