[5], Mileage lists are published on the New Jersey Bergen Vicinage. Cite this article: FindLaw.com - New Jersey Statutes Title 22A. [4], Effective July 1, 2019, the mileage rate for Special In some instances, accounts are resolved/settled with judgment . . Arbitration can also keep both parties names out of the public records.For more information about the New Jersey Arbitration Program, click. . The cost for filing a complaint in Small Claims is: $35 for one defendant. a writ of execution has been issued to a court officer. The filing fee for each such complaint or counterclaim shall be $250 or if such complaint or counterclaim is within the jurisdiction of the small claims division, the filing fee shall be $50. An additional $50 fee is required for requests for a jury trial by six jurors. attachment: (3) On every dollar collected on For the final 6 months of 2022, the standard mileage rate for business travel will be 62.5 cents per mile, up 4 cents from the rate effective at the start of the year. . [1] Typically, this involves a levy upon a bank account (although levies can be made upon commissions due, rents due, etc.). . . Superior Court Special Civil Part Fees . No fee shall be payable on the filing of any motion in a case within the small claims jurisdiction pursuant to Rule 8:11. often prompt judgment debtors to contact the judgment creditors attorney in an Non-Small Claims/Regular Property and State Taxes. Beginning on January 1, 2021, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be: 56 cents per mile driven for business use, down 1.5 cents from the rate for 2020, 16 cents per mile driven for medical, or moving purposes for qualified active duty members of the Armed Forces, down 1 cent from the rate . When monies are recovered by a Court Officer, the Court Officer keeps his/her 10% commission and sends the rest of the collected funds to the judgment creditor or judgment creditors attorney. 568, 573 (N.J. A fee for mileage may be charged instead of the $3.00 mailing fee if the complaint is served personally by a court officer. As permitted by R. 8:3- 5(a)(4), when properties are in the same ownership and part of the same master deed, if a complaint or counterclaim in an action to review a real property tax assessment includes more than one parcel of real property separately assessed pursuant to the provisions of N.J.S.A. Other Costs: Ten percent fee: The special civil part officer will charge the debtor an extra ten percent on top of whatever money is recovered for you. 10 Main Street. with postal instructions to deliver to addressee only; reservice of summons by mail, Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. N.J.S.A. or profits due. h_s8?}=++l0I m&jOZJ^ZVV1B $15 for one defendant. 22A:4-8) which was signed into law on January 8, 2002 has revised all fees for service of documents and executions of writs. Note: Adopted June 20, 1979 to be effective July 1, 1979; amended July 22, 1983 to be effective September 12, 1983; paragraph (d) redesignated (d)(1) and paragraph (d)(2) adopted November 5, 1986 to be effective January 1, 1987; paragraphs (a), (b) and (c) amended July 9, 1991 to be effective July 10, 1991; paragraphs (a), (b) and (c) amended, paragraph (c)(2) redesignated (c)(2)(i) and paragraph (c)(2)(ii) adopted July 10, 1997, to be effective September 1, 1997; paragraph (b) and (c)(2) amended July 5, 2000 to be effective September 5, 2000; paragraphs (a), (c)(1), (c)(2)(i), (c)(2)(ii) and (c)(3) amended July 1, 2002 to be effective immediately; paragraphs (a) and (b) amended July 27, 2006 to be effective September 1, 2006; paragraph (d)(1) amended July 9, 2008 to be effective September 1, 2008; paragraphs (a), (b), and (c) amended and paragraph (d)(2) deleted October 31, 2014 to be effective November 17, 2014; paragraph (d) amended August 1, 2016 to be effective September 1, 2016; subparagraph (c)(1) amended, text of paragraph (d) designated as subparagraph (d)(1), and new subparagraph (d)(2) added July 27, 2018 to be effective September 1, 2018; paragraph (b) amended July 31, 2020 to be effective September 1, 2020. The proceedings are initiated $2 for each additional defendant. execution, notice or warrant. A witness subpoenaed by the people in a criminal action is. Civil Part Court Officers increased from $0.31 to $0.35 per mile. We are an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of law and to protect the rights and liberties guaranteed by the Constitution and laws of the United States and this State. 76, 158 N.W.2d 213 (1968). This notice must state that a levy was made, describe exemptions from levy and how such exemptions may be claimed. COSTS AND FEES UNITED STATES COURT . . Remittances are for each defendant served with process by mail. (ii) For judgments not exceeding the monetary limit of the Special Civil Part at the time of entry, regardless of the court in which the action was filed: commencing January 2, 1986 and for each calendar year thereafter, the annual rate of interest shall equal the average rate of return, to the nearest whole or one-half percent, for the . Super., 1995), [4] Judge Donald Steckroth in In re Flores, No. In all cases or proceedings not specified in sections 2335.06 and 2335.08 of the Revised Code, except as otherwise provided in section 2335.061 of the Revised Code, each person subpoenaed as a witness shall be allowed one dollar for each day's attendance and the mileage allowed in courts of record. . Stay up-to-date with how the law affects your life. Special Civil Part Court Officers executions, notices and warrants for removal in landlord/tenant eviction cases . A fee of $250 payable to the Treasurer, State of New Jersey shall be collected by the Tax Court on the filing of a complaint or counterclaim, and a fee of $50 payable to the Treasurer, State of New Jersey shall be collected by the Tax Court on the filing of any motion, except as hereinafter provided. No lawyer is required, though we always recommend consulting with one before making legal decisions. [2], This statute entitles Special Emergency: 9-1-1Dispatch (Non-Emergency): 609-600-5061Administrative Line: 609-463-6430Law Enforcement Division: 609-463-6420Corrections Division: 609-465-1233Civil Division: 609-463-6428, Headquarters:9 North Main StreetCape May Court House, NJ 08210. Make a check or money order payable to the Treasurer, State of New Jersey for payment of all of these fees. Please note, effective March 1st, 2018, all evictions will incur double mileage charges. (ii)Condominiums in Separate Ownership. priority in which they are served. (b) A witness shall be paid an attendance fee of $40 per day for each day's attendance plus $.57 cents per mile, round trip (as directed by IRS 1/1/16) . As compensation for an employers administrative expenses, the employer is entitled to retain 5% of the funds deducted under a wage execution. . RULE 8:12 - Filing Fees. [1], New Jersey Statutes Annotated 22A:2-37.2 governs Tell us what you're looking for and we'll connect you with our network of property managers in minutes. After the writ is processed by the court, it is issued to a court officer or sheriff, who then serves the execution upon the judgment debtors bank. The Notice advises the defendant that the judgment as ordered by the Court. Monmouth County . [5] Notice to the Bar, Special Civil Part . destination (town or location). [3], Special Civil Part Court Officers are paid mileage at In the Special Civil Part, a statutory attorneys fee is provided as a taxed cost of suit. %PDF-1.5
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Special Civil Part Court Officers are paid mileage at the same rate as is set for State employees, rounded upward to the nearest dollar. 610.50 Securing attendance of witness by subpoena; fees. Because New Jersey law requires payment of the court Reservice of summons or other original process by court officer, one defendant, Substituted service of process by the clerk upon the Chief Administrator of the New Where drivers will have to pay the federal government per mile that they drive. [4], Effective July 1, 2019, the mileage rate for Special Indeed, writs of execution the same rate as is set for State employees, rounded upward to the nearest to 10% of every dollar collected on execution, writ of attachment or any order 22A:4-8) for processing and service of civil documents ordered by the Superior Court of New Jersey.Scroll through the list below to find the type of service. Each additional defendant. Civil Part Court Officer Appointment Opportunity, Special Civil Part Essex County. collection/settlement, the statutory 10% commission must be paid to a court $20.00 + $5.00 (Notary) = $25.00 + mileage: Each Defendant thereafter: $16.00 + $5.00 (Notary) = $21.00 + mileage * Husband and wife are considered one defendant when . Agencies. In . The following fees are mandated by New Jersey (N.J.S.A. When monies are recovered by a Court Officer, the Court Officer keeps his/her 10% commission and sends the rest of the collected funds to the judgment creditor or judgment creditors attorney. Effective July 1, 2019, the mileage rate for Special Civil Part Court Officers increased from $0.31 to $0.35 per mile. $217.50 per week or $435.00 every 2 weeks. Mileage Lists, June 25, 2019. In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall. writ of attachment or order in the nature of any execution on any final Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. [2], This statute entitles Special dollar. without process or by summons, capias, replevin or attachment where the amount exceeds SPECIAL CIVIL PART MILEAGE LISTS (Revised mileage lists, effective July 1, 2019) Atlantic County Absecon $ 6.00 Atlantic City2.00 22A:2-37.1 Special Civil Part of Superior Court, Law Division fees. Superior Court Special Civil Part Court Officer fees in connection with various Mileage Lists, June 25, 2019. N.J.S.A.2A:17-54, Appointment to NJ Supreme Court Special Civil Part Practice Committee, NJ Institute for Continuing Legal Education: Moderator and Speaker: Keys to Practice in Special Civil Part, Post Judgment Interest Rate for 2020 announced in October 4, 2019 Notice to the Bar, New Jersey Rules governing pre and post judgment interest, Special Civil Part Court Officer Post-Judgment Dollarage and Mileage in New Jersey, https://www.njcourts.gov/forms/10537_scp_mileage_list.pdf, Post Judgment Remedies in New Jersey: Bank Executions, Post Judgment Remedies in New Jersey: Wage Executions. Interest is allowable on taxed costs and counsel fees. In that case, you are likely bound to that agreement.The zip code you gave us with your question indicates you are in, , which has a robust arbitration program. Their income consists of statutory fees paid by litigants for service of process issued by the Court, retention of a percentage of the money they collect pursuant to writs of execution, and fees for serving and executing warrants for removal in tenancy actions. Code Blue Advisory Issued: Friday 2/24 6:00 p.m. to Sunday 02/26 06:00 a.m. How do I become an Officer with the Cape May County Sheriff's Office? The $1.2 trillion bipartisan infrastructure accord would institute a multiyear "national motor vehicle per-mile user fee pilot" program that, without future intervention from the White House, could potentially violate one of President Joe Biden's previously stated red lines. 0
The turnover motion seeks a court order directing the bank (or other third party) to turn over the monies levied upon to the court officer or sheriff. Court officers are also entitled to mileage a fee execution, notice or warrant. Fees: First Defendant $24.00 (service fee & return fee) * Second Defendant $20.00* Each Additional Defendant $16.00* Re-service Fee $2.00* Service of a husband and wife at the same Address $24.00 (service fee & return fee) * * Mileage fees are not included. New Jersey Court Filing Fees February 20, 2015 Schedule Updated: February 20, 2015, CN 11112 page 1 of 8 Quick List . issued and assigned to that court officer when the writ may be the Show up ready to prove your case. What recourse does a homeowner have when themanagement companydoes not take care of the property and mismanages the finances or go after delinquencies? 2A:17-63, Special Civil Part Court Officer Post-Judgment Dollarage and Mileage in NewJersey, https://www.njcourts.gov/forms/10537_scp_mileage_list.pdf, Post Judgment Remedies in New Jersey: BankExecutions. All other fees payable to the surrogate as a deputy clerk of the Superior. | All Property Management, Property Manager Conflicts of Interest | All Property Management, Rental Property Management Tips & Advice | All Property Management, Real Estate Trends Blog | All Property Management, How Investors Should Approach a Real Estate Recession, Investment Property Tips & Advice Blog | All Property Management, Free eBook: 7 Deadly Sins of Property Management, Homeowners' Association (HOA) Property Management. After the writ is processed by the court, it is issued to a court officer or sheriff, who then serves the execution upon the judgment debtors bank. Because New Jersey law requires payment of the court Section 22a:2-37.1 - Special Civil Part Of Superior Court, Law Division Fees. But since then, theyve seen a dip. This is subject to change, however. IDhaRd(b)Q"Dj+4Ib-u8J(ODKXxF8wyM3~9&y9`T@D Office Contact Number Room Number. Civil Part Court Officer Appointment Opportunity, Special Civil Part Essex County. A wage execution is an order issued by a judge directing an employer to deduct money from a judgment-debtors wages. [5], Mileage lists are published on the New Jersey Notice to the Bar, Special Civil Part Revisions to the Special Civil Part . Notice to the Bar, Special Civil Part Revisions to the Special Civil Part Effective July 1, 2019, the mileage rate for Special Civil Part Court Officers increased from $0.31 to $0.35 per mile. The Chaffee County Sheriff's Office can only serve civil papers within Chaffee County. debtors by the judgment creditors attorney after FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. If you believe your claim can be fairly settled for an amount less than $15,000, then you must file in the courts Special Civil Part. Author BioWriting about personal finance and investments since 1999, Jason Van Steenwyk started as a reporter with Mutual Funds Magazine and served as editor of Investors Digest. Please include mileage fee for each service requested. On the date the levy is made, the court officer levying on the account must mail a notice to the last known address of the person (or business entity) whose account was levied upon. often prompt judgment debtors to contact the judgment creditors attorney in an Mileage fees earned by the deputy traveling in his own conveyance are the property of the deputy and not of the sheriff. 22A:4-8) for processing and service of civil documents ordered by the Superior Court of New Jersey. Mileage for Special Civil Part Court Officers is Special Civil Part Court Officers are paid mileage at the same rate as is set for State employees, rounded upward to the nearest dollar. . CIVIL . Judiciarys web page (njcourts.gov). Claims for more than $15,000 are filed in the Superior Court of New Jersey, Law Division. . preceding fiscal years terminating on June 30, of the State of New Jersey Cash [2] N.J.S.A. Small claims Landlord/Tenant Special Civil Part, Use small claims if you believe you can be adequately compensated for an amount less than $3,000. . Motion - Local Property and State Taxes . judgment, or on a valid and subsisting levy of an execution or attachment which Morris County . . . The Committee addresses issues affecting policy and procedure in the Special Civil Part. functions (both pre and post judgment). collection/settlement, the statutory 10% commission must be paid to a court attachment: (3) On every dollar collected on cross-claim or third party complaint in all other civil actions, whether commenced . [A fee for mileage may be charged instead of the $3.00 mailing fee if the complaint is served personally by a court officer. A fee of $10 per day, or part of a day, the witness is necessarily present at the hearing or proceeding. Atlantic County Special Civil Part Mileage Fees. Chief Administrator of the New Jersey Motor Vehicle Commission in addition to the . shall be rounded upward to the nearest dollar. Copyright 2023, Thomson Reuters. [4], Effective July 1, 2019, the mileage rate for Special Once the court officer receives a filed copy of the court order, he or she recovers the monies from the bank (or other third party) and remits the same to the creditor or creditors attorney. hbbd```b``"gI"Y %LIe0)
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Pursuant to R. 8:3-5(a)(4), when property has been assessed separately pursuant to the provisions of N.J.S.A. (1)No fee shall be paid upon the filing of a complaint within the small claims jurisdiction in an action where the sole issue is eligibility for any homestead credit, rebate, or refund program administered by the Division of Taxation or a senior citizen's or veteran's exemption ordeduction. [1] Typically, this involves a levy upon a bank account (although levies can be made upon commissions due, rents due, etc.). Salida, CO 81201. Service Fee Schedule. 1. collection/settlement, the statutory 10% commission must be paid to a court (a) General. The judgment debtors account is now frozen up to the amount levied upon; these funds are unavailable to the judgment debtor. Did you see the part in the 2,702 page Infrastructure Bill where there is a "national mileage fee" cost? Ca. Mileage Lists, June 25, 2019. If a party must establish that a certain document was served, and thus noted on the proof of service, then a service fee will be charged. By | Updated on September 30, 2008 X. or by summons, capias, replevin or attachment where the amount does not exceed the with a complex formula specified in the rule. Heres a link to the New Jersey real estate section. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Civ. If the employer or other entity required to make payment fails or refuses to make the deductions/payments required by the execution, the employer may be sued by the judgment creditor. the same rate as is set for State employees, rounded upward to the nearest A: New York Law sets fixed fees City Marshals must charge for specific services. 2. 600.2559 Fees for service of process; fee for process with incorrect address; mileage; fee for advertising; liability; charging fee in excess of law; tax costs; "order for the seizure of property" defined. [6] Mileage lists are also posted at this URL: https://www.njcourts.gov/forms/10537_scp_mileage_list.pdf. at 1-1/2 times the rate allowed by the state civil service commission for employees in the state classified civil service. The judgment debtors account is now frozen up to the amount levied upon; these funds are unavailable to the judgment debtor. 2A:17-53. Revisions to the Special Civil Part Mileage Lists, June 25, 2019. Staff of the Special Civil Part can inform you of the mileage fee. https://codes.findlaw.com/nj/title-22a-fees-and-costs/nj-st-sect-22a-2-37-1.html, Read this complete New Jersey Statutes Title 22A. Law Division, Special Civil Part. The Union County Board of Commissioners pursuant to P.L. As of July 1, 2022, the jurisdictional limit for a civil matter to be brought in Small Claims court will be increased from $3,000 to $5,000. 269 The State of New Jersey, under P.L. New Jersey law permits judgment creditors to levy upon a judgment debtors personal property or debts due to the judgment debtor from third parties. are unsalaried independent contractors who are officers of the court. A state agency may increase the mileage rate and the fee rate if the agency adopts a formal rule to that effect. for the distance traveled in serving or executing any process, writ, order, 22A:2-37.2(c); Notice of Special [1] N.J.S.A. Indeed, writs of execution Stay in the know with the latest news on owning a property, laws, and info from the leaders in property management. PO Box 699. . Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE R, ARTICLE 610. Their income consists of statutory fees paid by litigants for service of process issued by the Court, retention of a percentage of the money they collect pursuant to writs of execution, and fees for serving and executing warrants for removal in tenancy actions. Superior Court Special Civil Part Court Officer fees in connection with various provides the annual rate of [post judgment] interest shall equal the average [5] Notice to the Bar, Special Civil Part served upon the defendants place of business by the court officer or sheriff This notice must state that a levy was made, describe exemptions from levy and how such exemptions may be claimed. . Civil Fee Schedule. A $3 fee, plus special civil part officer mileage fees, is charged for one defendant if served personally by a special civil part officer. Send. When monies are recovered by a Court Officer, the Court Officer keeps his/her 10% commission and sends the rest of the collected funds to the judgment creditor or judgment creditors attorney. . . receipt requested, and may include an administrative fee that shall not exceed $0.25 Create a Website Account - Manage notification subscriptions, save form progress and more. [3] Indeed, writs of execution Other than criminal action $ 60.00 + mileage destination (town or location). [3], Special Civil Part Court Officers are paid mileage at New Jersey Rules governing pre and post judgmentinterest, https://www.njcourts.gov/forms/10537_scp_mileage_list.pdf. A writ of execution setting forth the name and location of the bank account to be levied upon is filed with the court. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. for the distance traveled in serving or executing any process, writ, order, 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 rate per mile set by the State for other State employees and the total mileage fee [1], New Jersey Statutes Annotated 22A:2-37.2 governs 80 0 obj
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$5 for each additional defendant. A levy pursuant to a writ of execution is the court officers method of taking control of property.[2]. 10-34546, United States Bankruptcy Court (D.N.J. salary. Special Civil Part Court Officers 22A:2-37.1: Reservice of Summons or Other Original Process by Court Officer: Each Additional Defendant (Plus Mileage) . Although the court officers statutory commission (dollarage) is included as part of the total writ balance, it belongs to the court officer not the judgment creditor. Fees are listed below. execution, writ of attachment, or any order: $ 0.10. . dollar. 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 All Property Management A Buildium Company. Management Fund (State accounts) as reported by the Division of Investment in execution, notice or warrant. Special Civil Part Court Officers are paid mileage at the same rate as is set for State employees, rounded upward to the nearest dollar. and out, by the most direct route from the place where process is issued, at the same $2 for each additional defendant. Middlesex County . [6], 1 N.J.S.A. collection/settlement, the statutory 10% commission must be paid to a court officers commission whenever a writ of execution is the cause of a . Court officers are also entitled to mileage a fee Jan. 6, 2011) citing N.J.S.A. calculated based on the distance between the courthouse to the center of the certified and ordinary mail. As of November 2014, the new application fee for a Warrant of Removal is $35.00, plus a mileage fee which varies depending upon the municipality in which the property is located. 22A:2-37.2(c) provides, in relevant part: [T]he following fees for officers of (2)No fee shall be paid by a taxing district upon the filing of a counterclaim or any responsive pleading. In all civil actions and proceedings in the Special Civil Part of the Superior Court, [5] Notice to the Bar, Special Civil Part As one judge put it, [t]he turnover proceeding is the mechanism by which courts direct a bank holding the debtors funds to pay those funds over to creditors rather than to the debtor.[4], New Jersey Court Rules provide, however, that no turnover of fundsmay be made, in any case, until 20 days after the date of the levy and the court has received a copy of the properly completed notice to debtor. [5]. from trust funds, or profits of the judgment debtor. The amount to be The Supreme Court decided that counsel fees are not part of the "amount in controversy" in calculating the $10,000 jurisdictional limit for access to the Special Civil Part. Revisions to the Special Civil Part Mileage Lists, June 25, 2019. 719-539-2814. If a complaint or counterclaim in an action to review a real property tax assessment includes more than one separately assessed parcel of property in common ownership pursuant to Rule 8:3-5(a)(2), (3) and (4), the filing fee shall be $250 for the first separately assessed parcel of property included in the complaint and $50 for each additional separately assessment parcel of property of said property owner included in the complaint; provided, however, that in the event the sole cause of action shall be the appeal of the grant or denial of an exemption, the fee for additional separately assessed parcels of property shall not be imposed. %%EOF
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issued and assigned to that court officer when the writ may be the Or do they simply alert you, under the terms of the contract, so you can put an attorney on the case? officer whenever payment is received directly from a judgment debtor. Current as of February 19, 2021 | Updated by FindLaw Staff. [A $3 mileage fee, plus applicable court officer mileage fees, are charged for one defendant instead of the . [4], Effective July 1, 2019, the mileage rate for Special $2.00 for each additional defendant. Summons, Subpoenas: $17.00 plus mileage (3) copies per person being served required Civil Part Court Officers increased from $0.31 to $0.35 per mile. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 14. a. 10-34546, United States Bankruptcy Court (D.N.J. The small claims fee shall promptly be supplemented whenever notice is given by the court that the matter is not within the small claims jurisdiction, so that the total fee paid is as set forth in paragraph (a) of this rule. (4)Small Claims. entitled to the same fees and mileage as a witness in a civil action, payable by the treasurer of the county upon the certificate of the court. a writ of execution has been issued to a court officer. 2A:17-63. Contact us. . filed, no further notice will be given and an Order will be signed by the Judge . A levy pursuant to a writ of execution is the court officers method of taking control of property.[2]. rounded upward to the nearest dollar, (9)Warrant to arrest, commitment or writ of capias ad respondendum, each defendant, (10)Writ of execution or an order in the nature of execution, writs of replevin and In some instances, accounts are resolved/settled with judgment Court officers are also entitled to mileage a fee Each additional defendant served personally is an additional $2 fee plus applicable mileage fees. You dont even need an attorney (though we advise you consult with one anyway. Change), You are commenting using your Facebook account. Be sure to include the service fee and correct mileage cost from the second table for each service requested. for the distance traveled in serving or executing any process, writ, order, officer whenever payment is received directly from a judgment debtor. Note that multiple documents or process to be served usually means that multiple service fees will be required. [6], 1 N.J.S.A.
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