Who will carry out the service of legal documents?

August 18, 2018

 

 

If you need a little help understanding how to serve your legal documents M Private Investigation Process Servers have answered some commonly asked questions here.

 

Situated minutes from the West London Family Court and very close to many central London courts, M Private Investigations are well placed to deal with all aspects of litigation support and process serving.  We are regularly called upon by private individuals, businesses local authorities and law firms requiring a process server to effect the personal service of court claims on individuals, companies, partnerships and directors in our local areas and throughout the UK. 

 

Our team of process servers at M Private Investigations have extensive experience of personal service.  

 

To understand more about “ process service” and “ process servers” it  helps to understand that once a claim is issued and sealed by the court the claimant then needs to act, so the defendant is made aware of the claim.

 

When the claimant who has issued the claim to effect service on the defendant,

the claimant then instructs a process server to assist.

 

Why is using a Process server important?

 

A court claim must be properly served and this is how process servers assist or the claim could be declared void by the court and will need to be reissued.

 

The reason why it is very important is to make sure that the defendant is both aware of the claim and has opportunity to respond to the claim.

 

Clearly it would be really unfair if a claimant obtains judgement by stating that the defendant has been made aware and has received the documents and that the defendant had ignored the claim.

 

The claimant must prove that they have effected service properly and not mislead the court as this can constitute as a contempt of court and a criminal offence.

 

Then the proof of the serve of documents is provided as a witness statement or certificate of service so that this explains that the other party has received the legal documents. Certain documents require a sworn affidavit by the process server. The witness statement by a third party is the most secure method so that it is very clear that the defendant has been served and received the litigation documents.

 

 Then if the defendant does not respond to the claim, the court is clear that any fault rests with the defendant and not the claimant.

 

 

 

How to give evidence of a personal service.

 

Process servers will effect service and produce a witness statement so this is the important  evidence as a statement of truth.

 

 

What happens when a Person NEEDS to be served and cannot be found?

 

If the claimant does not know where to serve the documents the process server can assist by running a trace.  There are various methods utilised to find a person to be served.

 

What if the person refuses to accept the documents I need to serve?

 

The process server has the knowledge and experience to constitute good service.

 

 

 

 

What do I need to provide the process server to effect personal service?

  1. When instructing a process server aim to provide as much information as possible about the defendant and if possible include photos of the defendant and any known daily routines.

  2. Provide the full addresses and postcode for the defendant

  3. Allow as much time as possible do not delay - time must be allowed to serve the documents.

  4. After the serve the process server will produce a witness statement that you will need so you can progress.

 

M Private Investigations Ltd are fully insured and well known for high-profile investigation and inquiry agent work.  A regulated private investigation company with a team of dedicated process servers who effect personal service of legal documents on a daily basis acting for large law firms, businesses nationally and internationally also for members of the general public who need to have legal documents served professionally.

 

 

 

 

Our Principal Investigator is a Member of The Association of British Investigators (ABI) The Institute of Professional Investigators (IPI) & the United Kingdom Professional Investigators Network (UKPIN)  

 

The mixed team are regulated ensuring that information held and obtained is provided lawfully and therefore will be acceptable and valuable. 

Saving you a lot of anxiety, time and money.

 

We conduct all our investigations within the bounds of legality, morality and professional ethics. Delivering integrity in all aspects of your  business.

 This includes transparency of our Service and Fees.

 

 

For a confidential no-fee, no-obligation discussion to discuss how we can help please contact us on 0208 408 4004 or email info@mprivateinvestigations.co.uk

 

 M Private Investigations Ltd   Data Protection Number ZA135954  

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