You may have heard the term ‘process serving’ associated with the shady world of private investigators, bailiffs, and other professionals charged with locating people who do not wish to be found and notifying them, via the serving of legal documents, that their spouse wants a divorce, or they need to appear in court. However, the truth surrounding process serving is (usually) not nearly as mysterious or clandestine. In this article, we explain exactly what process serving is and why it is important to instruct a professional to carry out the task.
What is process serving?
Process serving is where the court or another party requires proof that a person was served particular documents.
Why is process serving necessary?
Although you can serve documents yourself it is advisable to use a professional as the person being served may try to deny they ever received the documents in question. In other situations, the documents must be served by a certain deadline which can prove difficult if you are unable to trace the recipient.A process server is completely independent of any proceedings. Therefore, the proof of service they provide will carry more weight than a statement made by a person connected to the matter relating to the paperwork.If the documents are not served correctly the court may dismiss a case or make cost sanctions against a party on the grounds of procedural impropriety.The General Data Protection Regulations (UK GDPR) also pose a risk concerning process serving. The documents being served will undoubtedly contain sensitive and private information. If the paperwork is given to the wrong person, stolen, or lost, you could find yourself or your organisation being investigated by the Information Commissioner’s Office (ICO). A professional document server will have the necessary UK GDPR compliance processes in place and carry adequate indemnity insurance.
What type of documents are served by a professional process server?
Types of served documents include:
- Statutory Demands, Bankruptcy Petitions and Winding Up Petitions
- Monetary Claim Forms and Orders which enforce County Court Judgements (CCJ’s)
- Witness Summons
- Non-Molestation and Injunction Orders
- Land and Property Notices such as Notice to Determine Lease, or Break Notices
- Divorce Petitions
- Section 8 and section 21 Notices
The process server will normally provide you with either a Certificate of Service, a Statement of Service, or a Sworn Affidavit once the paperwork has been handed over, stating the date and time the documents were served. Proof of service is usually lodged with the court before the hearing commences.
Final words
If you or your organisation needs to serve legal documents it is crucial that they are delivered correctly, within the required timeframe, and you have confirmation of receipt. Instructing a professional process server will provide you with the confidence that not only have the documents been served and received but also that the principles of the UK GDPR and Data Protection Act 2018 have been complied with.To find out more about how we can assist you with process serving, please get in touch today.
