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How To Instruct a Process Server

  • simonpinkney
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15 Jan 13 #374427 by simonpinkney
Topic started by simonpinkney
I can imagine dealing with your own Divorce could be a daunting process so I thought it would be useful to let people know how to go about instructing a Process Server.

A little information about myself to begin with. My name is Simon Pinkney, I am an experienced Process Server with over 20+ years experience in the Process Serving industry. I have helped served literally hundreds of divorce petitions over the years and I hope to provide some real assistance to others and help you get your Divorce Petition Served promptly!

Instructing a Process Server is relatively straight forward. You may never have heard of Process Servers or know what a Process Server does but quite simply a "Process Server" is a person who serves Court papers such as divorce petitions for Solicitors or Private Individuals like yourself. We serve them on the Respondent also known as "your soon to be ex!".

It can be very frustrating getting Divorce proceedings served particularly when the Respondent is failing to acknowledge service of the Petition by returning the Acknowledgement of Service. I also know it can be frustrating and time consuming as well as a further expense of having to instruct the Court Bailiff! Remain positive though, there are solutions to these problems!

Process Servers will generally have a greater amount of success serving Divorce Papers even when the Court Bailiff has been previously unsuccessful. Time and time again I have served Divorce papers even though I know the Petitioner feels we will struggle. Sometimes it is hard work for us and sometime we are not able to personally serve the Petition but believe it or not we can still help you even when that is the case too!

A Process Servers success, is in part, due to the fact they will usually attend any address to serve a Petition and in particular they will attend on an evening or at a weekend when the subject is likely to be in. I don''t believe the Court Bailiffs will do this thus limiting their chances of success. There are occasions a Process Server will not be successful but this does not mean all hope is lost!

Where we are unsuccessful we are usually asked by clients to prepare a "Statement of Attempted Service". This basically sets out the efforts we have gone to, to serve the Petition and is used to prove to the Court reasonable efforts have been made to personally serve the Respondent. Personal service means handing the Petition to the Respondent. The Court will read the Process Servers Statement and the Judge may then allow service by "alternative service", sometime referred to as "substituted service", such as by placing the Petition through the letterbox of the property or by any other means that the Court directs. The Court may also decide to dispense with service altogether.

A Process Server will make evening or weekend visits to the address where a subject works during the day. Once served they will return proof of service to you. If they fail to serve the Petition then we they will usually provide a Statement of attempts as stated above. You will need to lodge proof of service with the Court.

It''s very easy to instruct a Process Server. Whichever company you choose to instruct you will need to post them the Divorce Papers for service together with a further copy which is used to exhibit to a Statement of Service saying these are the papers served. Also, a photograph or description of the Respondent is useful to help identify the person to be served. Occasionally they will deny their identity to us even when we are speaking to them on the doorstep!

I hope the above is of some use. I am happy for you to send me a Private Message or you can view my profile for my other contact details.

  • rubytuesday
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15 Jan 13 #374434 by rubytuesday
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Simon

Thank you very much for this very comprehensive explanation, Im sure our members will find it very helpful :)

Ruth

  • Dima
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04 Mar 13 #382345 by Dima
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I need to serve my stbex with a Petition as she has refused to sign the one she received by post and has been dragging her feet for 4 months now. I would like to use a Private Process server as they seem to be more efficient (it be easier to pin her down over the weekend or in early hours).
How do I instruct a process server? As far as I understand I will need the court to check and seal a copy of petition before it’s given to process server, how do I do it, what the process here?
Another thing, I don’t have a photocopy of the petition I originally submitted, But I have a PDF which I can print out and sign and date again. My question is do I put the date of the original petition or current date?
If anyone knows good process servers in London please let me know.

Any help will be greatly appreciated!

  • simonpinkney
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04 Mar 13 #382350 by simonpinkney
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I started this topic and I am a Process Server in London you can send me a Private Message if you need to discuss this further

Basically a Process Server would require the documents for service and a further copy of the papers. They would serve one copy on your STBEX and return the second copy with a Statement of service which you would lodge at Court. A photo or description of your STBEX is also helpful.

Regards
Simon Pinkney

  • caterina71
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31 May 13 #395384 by caterina71
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Hi

can you please advise.

I need to instruct a process server in Italy to serve my ex ( that lives in Italy ) divorce petition documents. This was sent by the court few months ago but he has ignored it.
Can you please advise what does a process server needs? Once the documents have been given to my ex what does a process server have to provide the court?
Many thanks

  • InStockport
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31 May 13 #395398 by InStockport
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Hi, Just wanted to let people know that I used a process server this week as my husband didn''t acknowledge the original papers.
They went to the flat which he is living in with the girlfriend, but they weren''t at home. He then went to some local pubs and saw him, he phoned his mobile and when he answered he was asked, "Hi is that ***" this confirmed that it was him and the process server went over and served the papers to both of them.
I don''t think the court bailiff would go to that much trouble and it was cheaper.

  • merec74
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28 Aug 14 #443053 by merec74
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Hi! How did you get on with this? I am in the process too and I would dearly love to know how to go about it and what the costs would be. I hope things were resolved for you quickly.

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