NJSBA Family Law Section

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  • 1.  Question on service

    Posted 12-06-2018 11:21 AM

    I'm trying to serve a divorce complaint on a patient in Greystone.  R. 4:4-4(a)(3) says you can serve a mentally incapacitated person in an institution by service to the "director or chief executive officer thereof."  I tried serving the acting Chief Executive Officer at Greystone, but she didn't accept service.  Guaranteed Subpoena says that "server was informed that all subpoenas go to the AG office located in Trenton."  That seems odd to me because we are not suing Greystone, just trying to serve a patient.   Any guidance on how to effectuate service would be greatly appreciated.

     

     

    Lawrence D. Forster
    Forster Arbore Velez

    Attorneys at Law
    Tel: (973) 584-1501
    Fax: (973) 584-3150

    www.forsterarbore.com

     

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  • 2.  RE: Question on service

    Posted 12-06-2018 11:46 AM

    Have you tried calling the institution to explain what you are trying to serve? It sounds like they think it is a lawsuit against them and may just need clarification.

     

    Crystal M. Ullrich, Esq.

    Weinberger Divorce and Family Law Group, L.L.C.

    908-845-5000   [email protected]  I   www.WLG.com

     

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  • 3.  RE: Question on service

    Posted 12-06-2018 12:43 PM
    What did GS mean "they refused to accept service"? First, verify who the "director or chief executive officer" of Greystone is. Should then go something like this:

    "Hello. Are you Mr./Mrs. Jones?"

    "Yes."

    (Hands papers) "You're served. Have a nice day."

    .... not "oh, I'm a process server. Will you kindly accept this document from me?"

    Call GS back and have a different process server go.

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    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
    ----------------------------------------------------
    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223




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