Process serving: a guide
by David Carter on 01 February 2010
Process serving is quite straightforward. In essence it is legal proof of delivery of documents from a Court or solicitor, or for any legal matter. Once the document has been served, the process server confirms that they have delivered these specific documents (they would normally have a copy of the papers) to the person specified by swearing an affidavit or a statement of truth. The affidavit must be signed in the presence of a commissioner of oaths, normally a solicitor.
Affidavits are still required to be sworn in certain circumstances, including in applications for freezing injunctions and search orders, and in committal proceedings.
The final stage of the process is to then deliver the copy of the papers and the sworn affidavit or statement of truth to the client.
When choosing a process server, especially if it is a service you need to use on a regular basis, it is wise to select a company that can provide full nationwide coverage so that you can ensure your documents are delivered within the time frames specified.
If the papers being served are the first stage in what is likely to become a judgment enforcement, than an HCEO might be your best choice, as the local HCEO would then manage the entire process and will know the defendant by sight, as well as where they live and work. One of my colleagues enforcing a judgment actually chased a defendant down the street once having previously served papers on him because he recognised him and knew he was the right man!
It almost goes without saying that you want someone to do a professional job. But what you really need is someone who gives the extra service and does a really thorough job. For example, we once had to serve papers separately to Mr and Mrs Smith. We served the papers to Mr Smith and he offered to take those for his wife, but we insisted on serving them directly to Mrs Smith. It may sound pedantic, but it can make the difference between a successful action and failure for the client.
So process serving: quite simple and straightforward, but it is an important part of the legal process and needs to be handled professionally.
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Disclaimer: The statements and opinions expressed in this article are those of the author and do not necessarily reflect those of Sheriffs High Court Enforcement Ltd, trading as The Sheriffs Office. Sheriffs High Court Enforcement Ltd does not take any responsibility for the views of the author. The author will not be held responsible for any comments posted by visitors to this site. Please note that this article does not constitute legal advice. The author has used his best endeavours to make this article as accurate and complete as possible, but requests that the reader be aware that the law of England and Wales frequently changes. The author strongly advises the reader to take legal advice before embarking on any enforcement action.
