The 4Ps of Process Serving

Mar 26, 2021

Proactive Perseverance leads to Progress and a Process served

Here are a couple of accounts of recent process serving jobs where our proactive attitude and perseverance on matters have led to good progress and ultimately a successful process serve on behalf of our clients.

A history of volatile behaviour needs careful planning

Documents were obtained from the solicitor to be personally served on the subject for a court hearing regarding the custody of the child who resides with the subject.  Due to previous volatile and uncooperative behaviour from the subject, there was a request for the client’s father to be present to assist with the service. The Police were also contacted to see if uniformed officers were also able to assist.

A meeting was arranged with the client’s father to discuss how the process serve would be made and to relay personal information about the subject, including the car he drives and description. Process server made an initial visit to the house but after repeated knocking and the car being on the drive, there was no answer. Process server established with talks with neighbours that the subject still resided here with the son.

After instruction from the solicitor, a sealed white envelope containing the documents to be served on the subject was posted through the letterbox of the subject’s address.  The envelope was marked for the subject’s attention with a clear instruction that he was required to attend a telephone hearing at 2pm that day. A photograph was taken of the envelope prior to posting. A further meeting took place, with the client’s father and he was advised how the service was undertaken. He informed he would be remaining in the area because if the family order was granted at the hearing later that day, he intended to collect his grandson and return him to his daughter, who is the mother of the child.  They were provided with the Police log number and advised that if they felt there was any danger to either himself or the child to ring the Police and they would attend personally.

All in a day’s work – documents are not always easily accepted

Instruction received from solicitor to personally serve documents on the subject. A visit was actioned by the process server to the subject address, after repeated knocking on the front door of the property a white female half-opened the door but would not open it enough so that the process server could fully engage in conversation with her. The door however was opened enough for the process server to identify the female as being that in the identification photograph provided by the instructing solicitors.

 

The process server attempted to verbally identify the female but she replied in a mumbling voice and we could not tell or confirm what she was saying. The process server then attempted to identify themselves to the female but she refused to engage in any communication and slammed the door. Before leaving the area of the property after repeatedly knocking on the door and on a further two occasions the subject would not come to the front door. At the time of the visit, there was an observation made by the server of a particular car and the registration number was noted. The car was parked on the driveway adjacent to the property. The vehicle had heavy dew all over it and appeared to have been parked overnight.

A telephone call was arranged with the instructing solicitors to advise them of what had happened on the visit. In view of the fact, we had identified the female from the photograph provided along with identifying the vehicle parked adjacent to the address, it was agreed that the papers due to be served could be posted through the letterbox of the property. This decision was also based on the fact that the instructing solicitors believed that the subject would be obstructive and not co-operate with any further visits to the property.

The server photographed the envelope and returned it to the subject property and posted the sealed white envelope which contained the documents and posted it through the letterbox of the property.

As the server was leaving the area and driving away, he observed a white female run out from the front garden of the property, he again identified her as being the same female as that in the identification photograph provided by the instructing solicitors. She then proceeded to run towards the server’s vehicle and threw some of the documents which had been in the sealed white envelope and threw them directly at the server’s vehicle. The documents and the torn envelope actually hit the server’s vehicle and then fell onto the ground. The server did not stop and engage in any form of conversation with the female and observed that some of the documents had fallen onto the grass verge near to the front entrance of the property. 

To discuss your process serving needs contact the team on 0800 014 6613

 

 

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