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Process Serving - did I do it right?

  • SilverFir
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09 Jun 12 #335872 by SilverFir
Topic started by SilverFir
STBX hasn''t responded to my Petition for divorce, so I phoned my court and was told to follow the instructions on their acknowledgement regarding applying to the court bailiff to personally serve the petition:

(a) completed form D89 (which I downloaded and filled in)

(b) photograph of the respondent

(c) copy of the petition

(d) cheque

This all went in the post to the court this morning. But now, having searched Wiki, I''m worried that I might not have included something vital ... I found the following in another thread ...

give the process server a blank D10-acknowledgement of service to serve with the divorce papers. I now have to pay again to have the divorce papers served again along with ack of service.

Nowhere on the Court''s acknowledgement did it say to send them a blank D10 form, only to send a copy of my Petition.

Should I have included a D10 too? And if so, do you think I can phone the court on Monday morning, explain and ask them to either add one for me, or to return my entire envelope (so that they don''t cash the cheque)?

Thanks for any help.

ETA.
Hmmm, no responses yet!

I''ve been reading around more on this subject. STBX lives a couple of hundred miles away from me, although still in England. Should I have applied to my court (which I did) or to HIS local court? That element really wasn''t mentioned anywhere on the court form and it''s only reading other posts that now has me worried on that score.

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10 Jun 12 #336005 by SilverFir
Reply from SilverFir
Bump?

  • .Charles
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11 Jun 12 #336094 by .Charles
Reply from .Charles
You apply to the court where the proceedings were issued. Each court is independent of each other and they allocate their own case numbers. It is possible to transfer proceedings but unless this occurs you refer to the same court.

As you have made a bailiff application, instructions will be issued to the court bailiff who will then arrange for service of the documents and will undoubtedly add a blank acknowledgement to the bundle.

It is probably the case that the court will forward the instructions onto a bailiff local to your husband but this should not concern you. All you need do is wait until proof of service is received and you can proceed to the next stage.

Charles

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11 Jun 12 #336161 by SilverFir
Reply from SilverFir
Thank you Charles for the reassurance that I had followed procedure correctly (even if did go against your advice to use a local process server instead of a court bailiff ;))

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