Legal History/Procedure: The tribunal for which The Peoples Trust Co. v. Kozuck case has been written for is the Superior Court of New Jersey, Law Division. The defendants Saul and Elaine Kozuck, a husband and wife signed a promissory note with the People’s Trust Company. The defendants claim the note they signed with the bank was incorrectly filed with regards to it’s due date. As a result, the defendants have refused to accept liability on the note payable. Plaintiff has decided to sue the Kozucks on this promissory note.
Operative Facts: The People’s Trust bank issued a summons and complaint and a process server was sent to the Kozucks in efforts to serve the summons in person. John Zimmerman, the process server testified that at first when he approached Mrs. Kozuck she verified her identity. However, when the process server initiated contact informing her of his purpose for being at her residence, Mrs Kozuck then denied her identity. She then refused to open the door, so the process server left the complaint and summons on the stoop.…show more content… Does the summons and complaint that was delivered outside of the house constitute as a personal service of process?
Holding: Yes. The court established that personal service to the defendant was adequately met under the law and ruled in favor of the plaintiff.
Disposition: The judgment of the defendant is affirmed for refusing to accept the service of process when the service is done under accordance of the