NJSBA Family Law Section

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  • 1.  Subpoena Probation

    Posted 02-13-2019 04:30 PM
    Has anyone here successful subpoena'd probation for an obligee's address?  I have a motion to terminate alimony based on retirement (obligor is 74 and his SS is still being garnished despite him being retired for some time).  I have served via regular and certified mail to every mailing address dug up by a PI, as well as attempted personal service on the most recent address.  For all I know, she's dead and the money is going to an untouched bank account and somehow there's no record of her death.  Despite being in compliance with the service requirements for a motion, the law clerk is denying the motion because I can't prove service.  Nor will the Court request that Probation give me the address they have on file for her.

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    Alix Claps
    Mount Freedom NJ
    (973)895-4400
    [email protected]
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  • 2.  RE: Subpoena Probation

    Posted 02-13-2019 06:15 PM
    Years ago, I sent a motion package to the Probation Dept (addressed to the case worker) and asked the Dept to serve the obligor (on a child support account).  They agreed to mail it for me. 
    I put the motion in sealed envelopes - regular and certified mail -  with proper postage on them and simply put the addressee's name on them.  The Dept filled out the address on the envelopes and mailed them to the obligor.
    I practice in a small county so that may be why I was able to get it served but if you know someone in the child support enforcement unit at the Probation Dept, maybe you can contact him/her. 

    Lisa M. Radell, Esq.
    207 South Main Street
    Cape May Court House, NJ 08210
    (609) 465-9910 (Tel)
    (609) 465-9920 (Fax)
     



    Original Message


  • 3.  RE: Subpoena Probation

    Posted 02-14-2019 08:42 AM

    I think Lisa is correct. I haven't needed to do this for a number of years, but I've done it a few times. I remember that Probation has the obligation to serve your motion on the oblige if they refuse to give you the address. I mostly practice in Somerset, Hunterdon, Warren and Middlesex counties but I think this is (or should be) a statewide rule.

    Regards,

    Ed

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 office; 908.428.7988 direct; 908.660.4866 fax

    "Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

    www.zohnlaw.com

     




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  • 4.  RE: Subpoena Probation

    Posted 02-14-2019 09:37 AM

    The reality is that in this day of electronic payment, Probation may not have a current address.  I had a similar issue recently.  My client retired and had had no contact with his wife in about 20 years.  He did a massive search and we thought she was most likely in Florida but we also had addresses in NJ.   I sent an initial letter to 8 different addresses, all of which came back as undeliverable or moved left no forwarding address.  Eventually I got a nice guy at Probation who of course said he couldn't give me the address.  Fine, can you tell me if you have an address in Florida?  I got we don't have a Florida address.  So I said ok, can you tell if any of these others sound familiar.  I got him to say yes to one.  It was one of the moved left no forwarding address.  I just sent them a copy of the motion detailing my client's efforts to find her.  I figured that if the judge terminated the alimony, which he did, she would call when she didn't get her check and they could forward the motion.  The reality is that she never did.

     

    Dale E. Console

    4478 Route 27

    P.O. Box 363

    Kingston, NJ 08528

    (609) 683-0003

    Best Lawyers   Best Lawyers   aacfl_logo-1-300x231   AAML logo with circle R (002)

     




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  • 5.  RE: Subpoena Probation

    Posted 02-14-2019 05:41 PM

    As Dale said, if a party can't be located and has support cut, then they'll come forward quickly. I had the same issue - we detailed exhaustive attempts to locate and asked that the funds be held in escrow for six months and then, if she still didn't reappear, they be turned over to client and case closed. Exactly what ended up happening.

    I also had cause to issue a subpoena to probation. There was a COLA review and client was convinced her ex had turned over payment information for one of three jobs he held. Probation refused to comply. Filed a motion over it, and was told that Federal regs on privacy preclude them from turning over information.

    If there is a rule or statute or reg that permits us to have them serve papers (using the previously described procedure where all the other information is provided), I hope someone will share it. I'm sure we all run into it every now and again.

    <x-sigsep></x-sigsep>

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




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  • 6.  RE: Subpoena Probation

    Posted 02-14-2019 09:06 AM

    I agree with Lisa.  If I don't have an obligee's address, I have never had a problem with Probation serving the motion for me as long as I provide them with regular mail and certified mail envelopes with the proper postage. 

     

    Russell Gale, Esq.

    Managing Attorney

    CENTRAL JERSEY LEGAL SERVICES

    313 State Street, Suite 308
    Perth Amboy, NJ 08861

    Phone – (732) 324-1613 Ext. 2310

    Fax – (732) 324-6253

    Email – [email protected]

     

    Fulfilling the promise of Justice for All

     




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