New Jersey Affidavit of Service and Publication

Category:
State:
New Jersey
Control #:
NJ-S002ST
Format:
Word; 
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Description

An Affidavit is a sworn, written statement of facts, signed by the 'affiant' (the person making the statement) before a notary public or other official witness. The affiant swears to the truth and accuracy of the statement contained in the affidavit.

The New Jersey Affidavit of Service and Publication is a document used to verify that a legal notice has been served and published in accordance with the New Jersey Rules of Court. It is typically used to notify parties of a lawsuit, dissolution of marriage, or other legal matter, and serves as proof that the notice was adequately served and published. There are two types of New Jersey Affidavit of Service and Publication. The first type, Personal Service, is used when a legal notice is served in person to the other parties involved. The Affidavit includes the name of the person being served, the date, address, and time of service, and the signature of the process server. The second type, Publication Service, is used when the legal notice is published in a newspaper or other designated publication. The Affidavit includes the name of the publication, the date it was published, the date the publication was received, and the name of the publisher. Both types of New Jersey Affidavit of Service and Publication must be notarized for it to be accepted by the court.

Definition and meaning

The New Jersey Affidavit of Service and Publication is a legal document used to confirm that notice of a planned hearing has been appropriately provided to interested parties. This notice typically pertains to municipal hearings regarding property matters, ensuring compliance with local regulations. The affidavit serves as proof that all necessary notifications were given, either through personal delivery or certified mail, and that the relevant details have been published in an official newspaper.

How to complete the form

Filling out the New Jersey Affidavit of Service and Publication requires attention to detail. Start by entering your name and address at the top of the document. Specify the subject property by filling in the property address, as well as the corresponding block and lot numbers. Next, provide information about the hearing date and confirm the method of notifying adjacent property owners. Attach any supporting documents, including certified mail receipts and a copy of the notice served, to substantiate your affidavit.

Who should use this form

This form is primarily intended for applicants or their attorneys involved in property-related hearings before the Planning-Zoning Board in New Jersey. If you are initiating a case related to zoning changes, variances, or other municipal permissions, this affidavit is essential to demonstrate that proper notification has been executed.

Key components of the form

The New Jersey Affidavit of Service and Publication includes several crucial elements:

  • Applicant Information: Names and addresses of the applicants or their representatives.
  • Property Details: The address, block, and lot number of the subject property.
  • Hearing Notification: Confirmation that notice was provided to adjacent property owners.
  • Proof of Publication: Documentation showing the notice was published in the municipality's official newspaper.
Each of these components is vital for validating the service of notice.

Common mistakes to avoid when using this form

Several errors can undermine the validity of your affidavit. Be sure to avoid:

  • Failing to provide complete applicant information.
  • Omitting the hearing date or address details.
  • Not attaching the necessary proof of service and publication.
  • Submitting the affidavit too close to the hearing date, which may violate notification deadlines.
Careful attention to these details will enhance the chances of a successful submission.

What documents you may need alongside this one

In addition to the affidavit itself, you will likely need:

  • A copy of the notice served to property owners.
  • Certified mail receipts as evidence of notification.
  • A certificate of publication from the newspaper where the notice was published.
  • The original certified list from the Tax Assessor's office of property owners.
These documents collectively support your affidavit and demonstrate compliance with legal requirements.

What to expect during notarization or witnessing

When you sign the New Jersey Affidavit of Service and Publication, it must be done in the presence of a notary public. The notary will verify your identity and witness your signature, ensuring that you are signing the affidavit voluntarily and under oath. Make sure to bring valid identification to the notarization appointment, as this is essential for the notarization process.

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FAQ

A general appearance or an acceptance of the service of a summons, signed by the defendant's attorney or signed and acknowledged by the defendant (other than an infant or mentally incapacitated person), shall have the same effect as if the defendant had been properly served.

Service by publication may be permitted in New Jersey by a judge's order once a legal action is initiated against a defendant that is being evasive to accept the legal documents in person or by mail. Notice of publication is commonly used in divorce actions to serve divorce papers to a spouse who cannot be located.

The proof shall be filed with the court promptly and in any event before action is to be taken on the matter by the court. Where service has been made by registered or certified mail, filing of the return receipt card with the court shall not be required.

Many affidavits, real estate deeds, loan papers, powers of attorney, and other types of documents must be properly notarized to become legally binding. In addition, many types of letters, authorizations and documents used in international trade and travel require the acknowledgement of a notary public.

The affidavit of support does not need to be notarized, but every individual involved will append their signature on the form. The Form I-864 needs to be signed by the petitioner in the case of family immigrant cases.

The Affidavit of Identity is used to authenticate your identity and verify your signature. This form will need to be notarized.

Affidavits are written documents attached to an affirmation, such as a notary public oath, which states that the statements in the document are true. Declarations are written documents the writer believes are true, but the statements contained in the declaration are made without the writer being sworn in.

For once, having a sworn statement that is certified takes time to process. In cases like this, courts can simply treat a sworn statement as an affidavit in order to make a hasty judgment. An affidavit is usually used if a witness cannot appear in court.

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New Jersey Affidavit of Service and Publication