8 Commonly asked Questions about Process Serving

Jul 22, 2020

How does a process server find someone?

There are a number of factors to consider in an attempt to trace and locate a respondent or individual in a court case. This can include obtaining full identity detail of the person including name, date of birth, last known address, daily habits, vehicle and job amongst other factors.  In order to identify their location, the process server will also need to know vehicle number plate, past addresses, names of relatives, occupation and if they have a criminal record.

How many times can a process server come to your house/premises?

There is no limit to the number of times a process server can visit you or come to your house to serve you the papers/documents. If the papers have not been delivered and you have not acknowledged the receipt, the process server can continue to make attempts to make sure you sign and acknowledge them, if instructed. In some cases where they refuse to accept or are ignoring you, it might be possible to serve the document by placing the documents next to them or by dropping it on the floor by their feet.

As long as you have proof to show that they have been served that is sufficient enough for the court in most cases.

What is a process server allowed to do?

The main aim of the process server is to serve or deliver court documents within the limit and provisions of the law in the area of service. A process server can hand the documents to the defendant personally or he can sub-serve by handing over legal documents to someone in the same household or business as the defendant in most cases. The person who is sub-serving must be 18 years or over.

Once the documents are delivered the process server is empowered by law to provide either the court or serving party a notarized proof that the papers have been served. On completion of the serve the process server is expected to return to the court and complete an Affidavit or a Certificate of Service, which is more widely accepted these days.

Why would a process server come to my house?

A process server would come to your house only on the order of the court. A party to the solicitor through the court system can mandate a process server to issue you a notice of initial legal action against you.

Why would a process server be looking for me?

The process server is concentrating on one thing: to serve your papers. So, if a process server is looking for you, then it means there is someone looking to sue you, either for divorce, child support, or any other legal matters. Regardless of where you are, the process server has the responsibility to find and serve you the court documents. The task of the process server is not only to serve you court papers but also to get you to officially receive the papers (if applicable). 

Can you tell a process server to leave your property?

If a process server is at your office or home to serve you, by law you can ask them to leave your property. However, if they are there to serve court documents/papers it is better to conform with the service.

Can you refuse to accept court paper from a process server?

If a process server comes to serve you with court papers/documents and you refuse to accept them, they can leave them at your feet and that would be concluded a successful serve. Refusing would and could considerably complicate matters.

Can you interfere with a Process Serving?

It is not advised to do so. Here is a scenario the team experienced: We went to serve a Statutory Demand document on a company, initially we were told that the manager wasn’t available by the receptionist, but we had the power to serve this document on anybody representing the company, we were just about to serve it on the receptionist when the Manager suddenly appeared. He completely went on the defensive and totally refused to accept the document or have anything to do with it, he wouldn’t listen to us and asked us to leave. On the way out, we left the document on a table which he saw and told him that it was classed as served according to the law.

 

 

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