What is a Process Server?
what is a process server ?
Process servers deliver (serve) legal documents to a defendant or individual involved in a court case:
- serving your documents promptly and in accordance with CPR rules
- serving the papers in accordance with your special instructions
- ensuring all Data Protection and Human Rights legislation is adhered to.
- keeping you updated at all times and advising you when service has been made.
- monitoring your case to ensure everything is returned to you on time.
- ensuring all statements or affidavits are completed correctly.
What types of documents need a professional process server?
- Claim forms, summons and writs.
- Court orders
- Statutory demands
- Bankruptcy and winding-up petitions
- Family and children proceedings
- Witness summons
- Divorce papers
- Non-molestation orders / prohibited steps orders – injunctions.
- Section 21 Notices and Break Notices
What address should documents be served at?
- LLP – principal office of the partnership or any place of business within England and Wales where the partnership carries on its activities and which has a real connection to the claim
- Individual – usual or last known address.
- Individual being sued in name of business – usual or last known residence of individual or principal or last known place of business.
- Individual being sued in name of partnership – usual or last known residence of individual or principal or last known place of partnership.
- Company registered in England and Wales – principal office or any place of business of the company within England and Wales which has a real connection to the claim.
- Corporation incorporated in England and Wales – principal office of company or any place of business within England and Wales where corporation carries on its activities, and which has a real connection to the claim
- Any other corporation of company – any place within England and Wales where the corporation carried on its activities or any place of business of the company within England and Wales
Why shouldn’t I serve them myself?
It is always recommended that the documents above are served by a professional process server to ensure they are served on time and served correctly. Process Servers are completely independent to the proceedings. Therefore, the proof of service provided by a Process Server will carry more weight than a statement made by an involved party.
Serving a Court Order or Legal Papers in the UK can be a complicated process. There are many ways Court Orders can be served. Some Orders or Papers can simply be letterboxed at the address while others require Personal Service only. Some types of papers can be letterboxed at the address but only after a set process is followed.
If the service is not performed in accordance with the law, this can hinder your case from going forward or result in the dismissal of your case.
To ensure the papers are served on time and served correctly it is recommended to use the service of a experienced Process Server.
What evidence do I get that the documents were served?
Once served the Process Server will usually provide you with either 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 Court prior to the hearing.
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