The term process serving refers to the practice by which legal documentation is delivered to its recipient, typically to a person involved in a court case or other legal proceedings.
Process serving exists because, in some instances, it is a legal requirement for an individual to be notified in person of legal proceedings against them. In some cases, to inform someone by any other means of communication may be deemed insufficient, and this could be unlawful, against the rules set out by the Ministry of Justice or an order of the court.
The action of process serving removes any ambiguity around the notice or document being delivered, should the recipient claim for whatever reason that they did not receive the legal papers.
Process serving is a reliable and trusted method, ensuring your documents are personally served promptly, following your instruction.
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Type of Documents Used for Process Serving
Specifically, the types of documents that are typically personally delivered via a process server include:
- Bankruptcy and winding-up petitions
- Claim forms, summons and writs
- Court orders
- Divorce papers
- Family and children proceedings
- Non-molestation orders / prohibited steps orders
- Section 21 notices and break notices
- Statutory demands
- Witness summons
We understand that process serving is not always welcomed.
We understand that there are certain types of documents that will not always be well received. Our agents are fully proficient and can adapt to each situation or circumstances that may arise to affect “perfect” service. We use various techniques to ensure that the individual or company acquires the document in line with the applicable legal requirement.
What is a Process Server?
What does a process server do?
However, the main role of the process server is to “serve” legal documents on the debtor or defendant.
Once legal documents have been served, the process server is required to deliver proof that they have served the papers. That verification is called the proof of service or affidavit of service. The affidavit of service must be presented to the client who requested the service of the papers.
It is a legal requirement for process service to present the papers in the correct manner, as set out under the statute of law for that country, region, or state.
What’s so important about process service?
Service of process is significant for a number of reasons. Process servers play a crucial role in that they form an essential part of civil society, ensuring that legal papers are served in a timely, appropriate, and effective manner.
The court will be unable to make a ruling on a case that relates to an individual or company if the papers are not served correctly, and, as a consequence, the entire case could be rejected by the court. So, when it comes to recovering debts through the courts, it’s vital that process is served correctly, ideally by a representative from an experienced, qualified collections agency.
When it comes to debt recovery, a process server plays a vital role in starting the legal process to recoup the money that you are owed.
If the process is served incorrectly, the court may throw the case out, and you may not be able to recover your debts. Collections agencies are experienced in process serving and should always be consulted for professional advice and assistance in cases where other means have failed to recover monies that you are owed.
What to Expect from a Process Server
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.
Why Choose First Capitol
Market-leading – Our dedicated team of national process servers are highly-experienced, trained experts who can carry out the process serving instruction of any of the above documents.Professionalism throughout – The service we provide is both personal and professional, always carried out diligently. All our agents are DBS checked as standard to ensure complete reassurance.
- Fast service – We offer same-day serving for binding documents (for instructions received before 1 pm). We also provide an out of hours and weekend service to ensure we are always on hand for any urgent documents (we are open seven days a week, 363 days a year).
- We’ve got you covered – Our process serving is provided nationwide, with absolutely no hidden fees. Whatever your requirements, our trusted network of agents will give you a service that you can rely upon.
- The credentials to prove it – We are registered with the Information Commissioner’s Office to ensure we are data protection compliant, and we are fully insured for professional indemnity and public liability. Process serving regulations are strict; we make it our business to keep to the guidelines.
How does it work? Our process is simple.
- You send us your document/s that require service, either electronically or by post.
- We confirm the date and time that our agent will carry out the service.
- Our process serving agent will make three attempts at delivery (we will keep you informed of our progress every step of the way)
- Once service has been completed, we will send you ‘proof of service’ in a legal and prescribed format.
For more information
Please call 03333 444 991 to speak to a member of our process serving team.