Bill Text: NJ S55 | 2010-2011 | Regular Session | Introduced
Bill Title: Makes permanent the previously temporary authority of the Administrative Director of the Courts to set certain fees for the service of process by mail.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Judiciary Committee [S55 Detail]
Download: New_Jersey-2010-S55-Introduced.html
Sponsored by:
Senator GERALD CARDINALE
District 39 (Bergen)
Senator JOHN A. GIRGENTI
District 35 (Bergen and Passaic)
SYNOPSIS
Makes permanent the previously temporary authority of Administrative Director of the Courts to set certain fees for service of process by mail.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain court fees and amending P.L.1991, c.177.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 14 of P.L.1991, c.177 (C.22A:2-37.1) is amended to read as follows:
14. a. [From the effective date of the amendments made to this section by section 1 of P.L.2003, c.259 through the fifth year thereafter:]
In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall be charged by the clerk and no service shall be performed until the specified fee has been paid:
(1) Filing of small claim, one defendant $15.00
Each additional defendant $ 2.00
(2) Filing of complaint in tenancy,
one defendant $25.00
Each additional defendant $ 2.00
(3) (a) Filing of complaint or other initial
pleading containing a counterclaim, cross-claim
or third party complaint in all other civil actions,
whether commenced without process or by summons,
capias, replevin or attachment where the amount
exceeds the small claims monetary limit $50.00
Each additional defendant $ 2.00
(b) Filing of complaint or other initial
pleading containing a counterclaim, cross-claim
or third party complaint in all other civil actions,
whether commenced without process or by summons,
capias, replevin or attachment where the amount
does not exceed the small claims monetary limit $32.00
Each additional defendant $ 2.00
(4) Filing of appearance or answer
to a complaint or third party complaint in all
matters except small claims $15.00
(5) Service of Process:
Fees for service of process, including: summons by mail, each defendant;
summons by mail each defendant at place of business or employment with postal
instructions to deliver to addressee only; reservice of summons by mail, each
defendant; postage for substituted service of process by the clerk upon the
Chief Administrator of the New Jersey Motor Vehicle Commission in addition to
the substituted service fee
provided below; and wage execution by mail to a federal agency, shall be set
by the Administrative Director of the Courts. The fee for service of process
shall not exceed the postal rates for ordinary and certified mail, return
receipt requested, [and
may include an administrative fee that shall not exceed $0.25] plus the cost of a
special mailing envelope for each defendant served with process by mail.
The total service of process fee shall be rounded upward to the nearest
dollar. For the purposes of this paragraph, service of process means the
simultaneous mailing by ordinary and certified mail, return receipt requested,
to the defendant at the address provided by the plaintiff.
Service of summons or other original process in tenancy actions by court officer in all actions, one defendant $2
plus mileage
Each additional defendant $3
plus mileage
Reservice of summons or other original process by court officer in all actions,
one defendant [$3.00] $5
plus mileage
Each additional defendant [$2.00] $5
plus mileage
Substituted service of process by the clerk upon
the Chief Administrator of the
New Jersey Motor Vehicle Commission $10.00
(6) Mileage of court officer in serving or executing any process, writ, order, execution, notice, or warrant, the distance to be computed by counting the number of miles [in and out] to and from, by the most direct route from the place where process is issued, at the same rate per mile set by the State for [other] State employees and the total mileage fee rounded upward to the nearest dollar
(7) Jury of six persons $50.00
(8) Warrant for possession in tenancy [$15.00] $20
(9) Warrant to arrest, commitment
or writ of capias ad respondendum, each defendant $15.00
(10) (a) Writ of execution or an order in
the nature of execution [writs of replevin and
attachment issued subsequent to summons] for each
defendant [$5.00] $9
(b) Writ and summons in replevin
one defendant $9
each additional defendant $2
(c) Writ of replevin issued subsequent to summons
one defendant $10
each additional defendant $2
(d) Order for possession in replevin
each defendant $11
(e) Writ of attachment
one defendant $11
each additional defendant, $2
(11) For advertising property under execution
or any order $10.00
(12) For selling property under
execution or any order $10.00
(13) Exemplified copy of judgment
(two pages) $ 5.00
each additional page $ 1.00
b. (Deleted by amendment, P.L.2002, c.34).
c. (Deleted by amendment, P.L.2002, c.34).
d. [After the fifth year following the effective date of the amendments made to this section by section 1 of P.L.2003, c.259:
In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall be charged by the clerk and no service shall be performed until the specified fee has been paid:
(1) Filing of small claim, one defendant $15.00
Each additional defendant $ 2.00
(2) Filing of complaint in tenancy,
one defendant $25.00
Each additional defendant $ 2.00
(3) (a) Filing of complaint or other initial
pleading containing a counterclaim, cross-claim
or third party complaint in all other civil actions,
whether commenced without process or by summons,
capias, replevin or attachment where the amount
exceeds the small claims monetary limit $50.00
Each additional defendant $ 2.00
(b) Filing of complaint or other initial
pleading containing a counterclaim, cross-claim
or third party complaint in all other civil actions,
whether commenced without process or by summons,
capias, replevin or attachment where the amount
does not exceed the small claims monetary limit $32.00
Each additional defendant $ 2.00
(4) Filing of appearance or answer
to a complaint or third party complaint in all
matters except small claims $15.00
(5) Service of Process:
Summons by mail, each defendant $ 4.00
Summons by mail, each defendant at place of business
or employment with postal instructions to deliver to
addressee only, additional fee $ 4.00
Reservice of summons by mail, each defendant $ 4.00
Reservice of summons or other original process by
court officer, one defendant $ 3.00
plus mileage
Each additional defendant $2.00
plus mileage
Substituted service of process by the clerk upon
the Chief Administrator of the
New Jersey Motor Vehicle Commission $10.00
Plus postage. $ 4.00
(6) Mileage of court officer in serving or executing any process, writ, order, execution, notice, or warrant, the distance to be computed by counting the number of miles in and out, by the most direct route from the place where process is issued, at the same rate per mile set by the State for other State employees and the total mileage fee rounded upward to the nearest dollar
(7) Jury of six persons $50.00
(8) Warrant for possession in tenancy $15.00
(9) Warrant to arrest, commitment
or writ of capias ad respondendum, each defendant $15.00
(10) Writ of execution or an order in
the nature of execution, writs of replevin and
attachment issued subsequent to summons $ 5.00
Wage execution by mail to a federal agency
additional fee $ 4.00
(11) For advertising property under execution
or any order $10.00
(12) For selling property under
execution or any order $10.00
(13) Exemplified copy of judgment
(two pages) $5.00
each additional page $1.00] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
(cf: P.L.2003, c.259, s.1.)
2. Section 15 of P.L.1991, c.177 (C.22A:2-37.2) is amended to read as follows:
15. a. From the fees set forth in section 14 of P.L.1991, c.177 (C.22A:2-37.1), the clerk of the Special Civil Part of the Superior Court, Law Division, shall pay to officers designated by the Assignment Judge to serve process the following fees:
(1) Serving summons, notice or
third party complaint on one defendant [$ 3.00] $5
on every additional defendant [$ 2.00] $5
(2) Reserving summons or other
original process on any defendant [$ 3.00] $5
(3) Warrant to arrest, capias, or
commitment, for each defendant served $15.00
(4) Serving writ and summons in
replevin, taking bond and any inventory, against
one defendant [$6.00] $10
on every additional defendant [$2.00] $4
(5) Serving writ in replevin when
issued subsequent to service of summons,
against one defendant [$ 5.00] $10
on every additional defendant [$ 2.00] $4
(6) Serving order for possession
in replevin [$ 4.00] $10
(7) Serving writ of attachment and
making inventory, one defendant [$ 4.00] $10
on every additional defendant [$ 2.00] $4
(8) Serving [and executing] warrant
for possession in tenancy [$10.00] $15
(9) Every execution, or any order in
the nature of an execution, on a judgment, for
each defendant [$ 2.00] $6
b. For every mile of travel in serving or executing any process, writ, order, execution, notice or warrant, the distance to be computed by counting the number of miles [in and out] to and from, by the most direct route from the place where process is issued, at the same rate per mile set by the State for [other] State employees and the total mileage fee rounded upward to the nearest dollar.
c. In addition to the foregoing, the following fees for officers of the Special Civil Part shall be taxed in the costs and collected on execution, writ of attachment or order in the nature of any execution on any final judgment, or on a valid and subsisting levy of an execution or attachment which may be the effective cause in producing payment or settlement of a judgment or attachment:
(1) For advertising property
under execution or any order $10.00
(2) For selling property under
execution or any order $10.00
(3) On every dollar collected on
execution, writ of attachment, or any order, $0.10[.]
(4) In the event a judgment is vacated for any reason after a court officer has made a levy and thereafter the judgment is reinstated or the case is settled, the dollarage due the court officer on payment of the judgment amount or settlement amount again shall be taxed in the costs and collected.
d. In addition to the foregoing, the clerk of the Special Civil Part shall pay to officers designated by the Assignment Judge to serve wage executions on a federal agency an amount equal to the fee set by [either] the Administrative Director of the Courts pursuant to paragraph (5) of subsection a. of section 14 of P.L.1991, c.177 (C.22A:2-37.1) [or set pursuant to subsection d. of that section, whichever then may be applicable,] for each wage execution served.
e. For each execution of a warrant for possession in tenancy, the plaintiff shall pay directly to the Special Civil Part officer an all-inclusive fee of $50 plus mileage, as set forth in subsection b. of this section. No other fee shall be charged or collected by the officer.
(cf: P.L.2003, c.259, s.2)
3. This act shall take effect on the first day of the fifth month following enactment, except that the provisions of section 1 related to the authority of the Administrative Director of the Courts to set fees for service of process shall take effect immediately.
STATEMENT
This bill would make various changes to the fees charged by the clerk in actions in the Special Civil Part of the Superior Court, Law Division. The bill also increases payments to the individuals who serve process in the Special Civil Part. The Special Civil Part handles small claims (up to $3,000), tenancy matters, and claims for monetary relief between $3,000 and$15,000. Cases in the Special Civil Part are typically tried by a judge without a jury.
The bill also replaces the phrase "in and out" in paragraph (6) of subsection a. of section 14 of P.L.1991, c.177 (C.11A:2-37.1), and subsection b. of section 15 of P.L.1991, c.177 (C.11A:2-37.2) relating to court officer mileage fees with the more commonly used phrase "to and from." The bill also removes the word "other" in paragraph (6) of subsection a. of section 14 of P.L.1991, c.177 (C.11A:2-37.1) and subsection b. of section 15 of P.L.1991, c.177 (C.11A:2-37.2) because Special Civil Part officers are not State employees.
The provisions of the bill take effect on the first day of the fifth month following enactment, but the provisions related to the authority for the Administrative director of the Courts to set fees for service of process take effect immediately upon enactment.
