NJSBA Family Law Section

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  • 1.  Service by Publication

    Posted 07-25-2016 02:00 PM

    All Colleagues:


    For the first time ever, I have to serve a defendant by publication and have an Order permitting same.  I called the Star Ledger; they were of no help.


    Has anyone ever effectuated service by publication?  If so, any guidance on this task would be appreciated.  Thanks.


    Best regards,

    Landry Belizaire, Esquire

    Belizaire & Associates P.A.
    2 Broad Street, Suite 505
    Bloomfield, NJ 07003
    Website: www.belizairelaw.com
    Email: [email protected]
    Tel: 973.748.0808
    Fax: 973.748.3949

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  • 2.  RE: Service by Publication

    Posted 07-25-2016 05:16 PM

    You need to file a motion to proceed by publication. While judges have different requirements, you generally need:
    <x-tab>        </x-tab>1. Certification from client explaining all efforts they made to find spouse (e.g., reached out to his parents, mutual friends, business associates, old job, etc).
    <x-tab>        </x-tab>2. Defense manpower data search (google it)
    <x-tab>        </x-tab>3. Corrections / DOC search
    <x-tab>        </x-tab>4. Post office request for forwarding address
    <x-tab>        </x-tab>5. MVC search
    <x-tab>        </x-tab>6. Social security death database (google it) search

    If your motion is denied, it's always without prejudice and the court will say what else it wants you to do. After you get an order permitting you to proceed by publication, call the papers. Don't know who you spoke to at the Star Ledger, but they have a "legal notices" section. In Mercer, I got permission to publish in US One newspaper which was far cheaper. 35 days after publication, you proceed as in any other default.


    <x-sigsep>

    </x-sigsep> David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222



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