What is a process server and what do they do?
Process servers deliver (serve) documents and papers to a defendant or individual involved in a court case: They aim to serve these documents and papers promptly and in accordance with CPR rules and ensure any special instructions are followed. The process servers work in accordance with and adheres to all Human Rights and Data Protection legislation. They keep you up to date and advise once service has been actioned, whilst monitoring the case and ensuring that both the method is carried out in a timely manner and that statements or affidavits are completed.
Could I not deliver my own documents – what is the impact?
It is always recommended that the documents, a typical list of which are placed below, are served by a professional process server to ensure they are served both on time and served in the correct manner. Process servers are completely independent from the proceedings. Therefore, the proof of service provided by the Process Server will carry more weight than a statement made by that of an involved party.
Serving a Court Order or Legal Papers in the UK can be a complicated process. There are many ways in which a Court Order can be served. Some Orders or Papers can simply be letterboxed at the address, whilst others require personal service only. Some papers can sometimes be letterboxed at the address but, only after a certain process is followed in the first instance.
If this service is not carried out with accordance to the law, this can hamper your case from going forward or result in the dismissal of your case before it even reaches Court.
How do you receive evidence of served documents?
Once served the process server will supply you with a Certificate of Service, a Statement of Service or a Sworn Affidavit confirming the date and time the documents were served and this is usually lodged with the Court prior to the hearing.
Types of documents that require the service of a process server:
- Claim forms, summits and writs
- Court orders
- Statutory demands
- Bankruptcy and winding up petitions
- Family and children proceedings
- Witness Summons
- Divorce Papers
- Non-molestation orders / injunctions
- Step 21 Notices and break notices