What can my client expect from a process server?
If you’ve never used a process server before, you may be wondering what happens when we send one of our process servers out on your behalf. Let’s take a few minutes to clear up what they do.
A process server’s job is to get court documents to the people involved in the court action. Sure, you could send documents by post, but many courts now demand proof that the legal documents have got to the right person, the only way to do that to the court’s full satisfaction is to instruct a process server. Royal Mail won’t do. In other words, if you want an airtight case, your documents have got to be delivered by a process server.
Impartial parties involved
It probably sounds like quite an easy job – visit a defendant, hand over papers and leave, but let’s be honest here – nobody wants to be told they’re being taken to court, and your process server is hardly going to get the same reception as a person turning up to deliver a bunch of flowers or a box of chocolates. Given the volatile nature of some court cases, it’s definitely better than an impartial third-party delivers documents. Regulations for serving court papers are strict, it’s important that the process server is well trained and able to follow them to the letter.
Before setting out to deliver your papers, your process server will need two copies of your documents. Obviously, one will be given to the respondent or defendant receiving the papers. The other set comes back to you, with proof of service. This proof will be either a statement of service, sworn affidavit or a certificate of service, which you can show the court as proof that papers were delivered.
Any time, any place
A process server works in a similar way to a detective, locating the person who you need to serve papers upon. This helps them to be sure that they’ll successfully be able to deliver your documents. They can serve at any time of day, so it doesn’t matter if your defendant is in the office, or in the gym or pub after work – they’ll serve wherever the defendant is.
Statement of Attempts
If they can’t find the defendant to serve papers, it’s not over! Process servers can send letters to the defendant, telling them there is a document which they are trying to serve, and that the defendant has two working days to contact them. Ideally, the defendant will then contact them to set up an appointment for service, or the process server can return to their address and post the documents through their letterbox. If this is not possible, the process server is allowed to submit a Statement of Attempts to the court, proving that everyone involved has made every effort to serve papers, but the defendant has avoided them. Obviously, this does not show the defendant in a good light at court!
At First Capitol, we excel at collections and have all the tools available when it comes to helping with debt recovery difficulties. Call us on 03333 444991, and let’s work together to help resolve your debt recovery needs.