Learn from our expertise

Why do I need a professional Process Server

Written by
 

Why do I need a professional Process Server?

A Process Server is a person who is able to serve legal court documents for any court case. As you can see from the information provided throughout our website, there is a great deal to know and understand when serving court documents. Therefore it is wise to use a professional who understands the procedures and more importantly is emotionally detached. A professional Process Server effects service correctly and will provide a sworn affidavit and other documentation necessary for lodgement at the court. By using a professional you are at less risk of holding up your court proceedings.

How does the pricing work?

The pricing structure is based on timing:

  1. Affordable, this is an option when time isn't of the essence and service will be within a 10 day period for the first attempts.
  2. Quick, this option Guarantees the first attempt within a 4-day time frame.
  3. Same Day this option is for super urgent same-day service. 

A few factors during quoting can affect the price of your process serving.

  1. Affidavit preparation is included in the price.
  2. If service is needed in a Health Institution or Prison, inquiries must be made to secure an appointment for service so a special fee is applied.
  3. Travel costs are factored into the quote and are based on the kilometers traveled from the server's base to the address for service.
  4. Multiple defendant/s at the service address also affects the price.

What timeframe do I need to serve the documents?

Family court documents need to be served 28 days before the hearing date. The only exceptions are if an urgent court hearing has been made then the courts will direct you on the timeline for service. 

What does Personal Service mean?

Personal Service is when court documents (often these are divorce papers or parenting orders) are served by hand to the individual who is directly named in the documentation.

Who can receive the documents?

As mentioned above Family Court documents must be served on the individual named in the document. The only exception is if the Family Court directs you, usually in writing, to serve on another party or if you are serving a Subpoena on a business. 

How many times will the Process Server try to serve my documents?

Digital Process Servers are independent contractors who set their own number of attempts. This can vary from 3 attempts to 5 attempts depending on the Process Server you choose to engage. The number of attempts are applicable to one address only.

What if they refuse to sign the Acknowledgement of Service or refuse to accept the documents?

Process Serving is a profession taken on by very intuitive people who have experience in negotiating many situations. Generally how the Process Server approaches the person to whom the document is intended is the key to effecting service.

The Process Server will establish the identity of the intended person, by asking them to acknowledge their name. Once they have acknowledged their name the Process Server will explain what they are there to do. If they then refuse to accept the service of the documents or sign the Acknowledgement of Service, the Process Server will then show the documents to the intended person and place the court documents at their feet and this is accepted as Personal Service as long as they confirm their identity.

In the event the person for who the documents are intended denies their identity when approached by the Process Server, it becomes difficult to execute service as we can not prove their identity. However, there are ways around this as described in the next question.

If the Acknowledgement of Service is not signed at the time of service it is ok, the Process Server will swear an Affidavit of Service and this is your proof of how service was executed in accordance with the Family Court rules.

Why does the process server need a photograph?

A photograph helps to identify the person the documents are intended for. The photo can help your Process Server to effect service smoothly and without incident, in the event, the receiver denies their identity. Therefore it is highly recommended that all Family Court documents are accompanied by a recent photograph of the person who is to receive the documents.

What if they have moved addresses?

If we are unable to serve the individual using any of the information you have provided and the process server's investigations find the person no longer resides or works at any of the addresses, the Process Server might do further minor investigations to find out more information on your behalf.

If a new address is procured by the Process Server from their investigations, they may attend the new address providing:

  1. The new address is within the Process Servers zoning,
  2. The Process Server has not already made the maximum amount of attempts.
  3. Any additional costs such as a secondary address fee are negotiated and accepted.

How do I negotiate additional costs?

When service is in action Additional Costs can occur such as; secondary address fees, extra printing, additional travel, extra attempts, etc. This is negotiated through the platform and will require your approval. You maintain control every step of the way and if needed seek approval before continuing.

Digital Process Servers also have a comprehensive management team who assist with the facilitation in the background to ensure smooth running.

What happens after successful service?

Your Process Server will generate an Affidavit of Service which outlines how, where and who service was effected and get the document sworn by either a Justice of the Peace or a Lawyer. The Process Server will then upload a PDF version of the Affidavit of Service and also the Acknowledgement of Service (if it was signed) to our online platform and post the original document to you. 

You need to then gather all your documents and lodge them at the court registry as soon as practicable. These documents are your proof that service was completed and you must ensure they are lodged with the courts.

What happens if the service is unsuccessful?

In the event that the documents were unable to be served, for example, the respondent actively avoided service, failed to show up to accept service, has moved address, etc. Our Process Servers can supply an Affidavit of Attempted Service, however, it is then your responsibility to approach the court and advise them that the service was unsuccessful. The court will then provide the appropriate options for this situation.

What do I do with the Affidavit of Service and the Acknowledgement of Service?

It is your responsibility to lodge the documents in the appropriate manner. These documents are your proof that service was effected to the correct person in the correct time frame. If you do not lodge them your hearing could be canceled or rescheduled. 

Contact

Follow us