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The Office of the Sheriff - Civil Process Division, which operates out of 77 Hamilton Street, is utilized by attorneys for plaintiffs, as well as pro se plaintiffs, in an effort to institute civil actions, enforce judgments and satisfy money judgments. This is accomplished by the service of summonses and complaints and the execution of various Writs of Executions by the officers assigned to the Civil Process Division.
The purpose of service of process is: 1. To give the court jurisdiction over the defendant. 2. To inform the defendant. 3. To bring the defendant into court. 4. To afford the defendant the opportunity to answer the complaint.
Civil Process is governed by New Jersey Statutes Annotated (N.J.S.A.) and New Jersey Rules of the Court. In absence of law, Standard Operating Procedures (SOP) have been established. The Sheriff's duties are mainly ministerial in nature and the Sheriff takes instructions from the plaintiffs attorneys / plaintiffs pro se. The Sheriff is the agent of the plaintiff. The Sheriff, by law, (N.J.S.A. 22A:4-8) is entitled to charge a fee and mileage for all services rendered, whether successfully served or returned as unserved. The Sheriff, by the same law, is entitled to charge commission in some instances, on monies collected in satisfaction of money judgments. All fees, mileages and commissions are turned over to the County Treasurer on a monthly basis.
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