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Process Server

  • angel_fire
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20 Mar 12 #319064 by angel_fire
Topic started by angel_fire
If anybody could help please,this whole divorce has been going on for 2 years with my stbx dragging his feet to the point of me having to pay a Process server,The Process Server has now served the divorce papers to my stbx,how long does the courts give him to return signed papers,and if my stbx still doesn`t sign the papers what happens next.

  • jonathancj
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20 Mar 12 #319076 by jonathancj
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He''s got seven days to acknowledge service. After 14 days you can apply for a decree using the bailiff''s statement as proof of service.

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21 Mar 12 #319267 by angel_fire
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Thank you for the quick reply do you know if I have to use the bailiffs statement if this is going to cost me anymore money apart from having to pay for the absolute

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21 Mar 12 #319275 by .Charles
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Bailiffs have a lower/slower success rate. Process servers charge for the time they spend but if service is effected on the first attempt the costs can be as little as £50 + VAT. The bailiff charges £100 including VAT.

Charles

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21 Mar 12 #319278 by angel_fire
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sorry charles I dont think I put it right the process server has served the papers on my stbx what im asking is if my stbx still does not sign the papers and i have to use the process servers statement as proof of service will this cost me anymore in court fees apart from the £45 for the absolute

angel_fire

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21 Mar 12 #319330 by .Charles
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Ah, I see. You use the affidavit of service as proof that the respondent has been served with the Petition when you apply for a Decree Nisi.

If a judge believes that you are entitled to a Decree Nisi a ''certificate of entitlement to decree nisi'' is issued and you then wait for 6 weeks and 1 day before applying for your Decree Absolute with the £45 that you mention.

There is no additional fee for following the process as described above although you will have to pay to swear your special procedure affidavit which will be £7 unless you get it sworn at court in which case it will be free.

Charles

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22 Mar 12 #319450 by angel_fire
Reply from angel_fire
thank you so much for the quick reply charles hopefully this will all be over soon and i can get on with the rest of my life

angel_fire

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