Courier or Process Server?

03/01/2008 by admin.

The rules for serving legal documents have been relaxed in recent years. It is now now much easier to serve process than it was. It however can still be tricky and it is important that the process server knows the rules for service applicable to the document being served. Rules for service are governed by the Civil Procedure Rules.

It has recently come to our attention that at least one Solicitors practice have been serving documents by a courier. I understand that this is a new procedure and although not illegal will almost certainly be short lived.

The courier company are not supplying the required Statements of Service or Affidavits which are usually sworn before a Commissioner for Oaths. We are led to believe that a print-out from the hand held terminal is being produced as proof of service!

Now cast your mind back to the last time you had a courier on the doorstep who required a signature. It was cold, most probably wet and you were stood on the doorstep with in your dressing gown with the dog barking and the kids screaming in the background. Can you recall how much diligence or effort you put in to producing a legible signature? That’s of course if your signature is legible at the best of times.

What happened when you were out?

• Did they leave it with a neighbour?
• Put a card through the letterbox asking you to call them to arrange a new delivery?

Now imagine that you are to receive some legal papers that you want to evade. Is the delivery and signed docket from your neighbour good service?

NO

Are you going to call them to say, “please call back later“?

NO

In short using a courier to serve legal process will not save you money. it could jeopardise your case and be deemed as ineffective service by the judge hearing the case. In some cases the documents may be required to be re-served personally by a process server with a supporting affidavit and in a worst case scenario your whole case could be thrown out on this mere technicality.

If you think it’s a worthwhile consideration ask yourself this …

 Would you take your car for a service at the Dry Cleaners?

Or

Take your Dry Cleaning to the Bakers?

Quite simply a Courier is not a Process Server and a Process Server is not a Courier.

From our Daventry, Northamptonshire office or our Croydon, Surrey office we can serve all types of legal papers quickly and efficiently and within the legal rules of service anywhere in the UK or overseas. Please call 0845 643 1923 for further information or see get a quotation here http://www.tridentinvestigations.co.uk/Quotation-process-server.html

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