Why use a Process Server?
Posted on 24th June 2022 at 10:03
Imagine knocking on the door of your estranged spouse, noisy neighbour or a former tenant who owes you money, and serving them with court papers? Wouldn’t it be satisfying to see their faces? Maybe? But for how long?
Satisfying as that might be for the claimant issuing the papers, it would be short-lived if their day in court was postponed because of the way the legal documents were served to the defendant.
There are a number of very important reasons why claimants cannot serve their own court papers and here’s why:
The courts have a duty of care to the claimant and the defendant to protect both parties from further conflict.
The majority of people receiving court papers are not aggressive or confrontational but, if they are, it takes careful handling. Process Servers are well versed in handling difficult situations. As an independent professional, they are simply there to do a job. The most they can tell the receiver of the papers is that they are important documents from the family court or county court and they should read and act on them.
Serving legal papers yourself, or asking a relative or friend to do it for you, has no legal credibility and cannot be independently verified. If the defendant or respondent claims they didn’t receive the documents, it’s your word against theirs and unfortunately this could delay your day in court.
A Process Server is an independent professional who will be sent by the courts to serve legal documents such as a bankruptcy petition, statutory demand or non-molestation order to the person receiving the papers, known as the defendant or respondent. They have no vested interested in the case and are experienced in providing a factual statement of truth or sworn affidavit which explains how they formally identified the defendant, how they served them with court papers, and a record of the time and day.
Legal papers have to be served in a timely manner. If the courts serve a non-molestation order and they want the recipient to appear in court at a certain date and time, you have a limited time in which to serve the legal papers and then notify the courts so it can be added to the court file. This can be used as evidence if the defendant fails to turn up at court saying they didn’t receive the papers.
Occasionally defendants avoid being served or disappear altogether. Professional Process Servers like DPM Facts are experienced in finding people. With decades of police and private investigation experience in tracing missing people, DPM Facts has an extremely high success rate in finding debtors of over 96%.
Process Servers are a vital part of the court process, ensuring that legal documents reach the right person in a timely manner, so that the wheels of justice can keep turning and that people who want their day in court can have it.
If you would like to discuss our services in complete confidence, please call +44 (0) 1474 833005 or email info@DPMfacts.com
Read what our clients think about our work as Process Servers and Investigators.
Tagged as: Claimant, County Court, Court Papers, Court Proceeding, Defendant, Family Court, Legal Documents, Legal Papers, Non molestation order, Police, Process Server, Sworn Affidavit
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