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.
