What is Service of Process?

Service of Process is when legal papers (1) are delivered to the individual (or company) to whom the papers are directed. In most cases, such Service of Process must be served by an individual who is not a party to the case or the debt.

What does a Process Server do?

A process server delivers (or serves) documents to a debtor, defendant, witness, or an individual involved in a court case. The papers may not, necessarily, have been issued by a Court but if the matter is likely to be heard in a Court at some point in the future then it is imperative that the papers are correctly served. The process server must serve the documents in accordance with the legislation in the area of service. Once the documents are delivered, the process server agent must then prepare and provide a Proof of Service document. The nature of the Proof of Service document will vary depending upon the type of papers served and the manner in which service was effected.

Do I need a Process Server?

Even in cases where the employment of a process server is not necessary, you should keep in mind that a process server is someone who is experienced in serving legal documents and doing so efficiently and in accordance with the rules. If the papers are not served in accordance with the law, this can hinder your case from going forward or even result in the dismissal of your case.

(1) Legal Papers: such as Summonses, Statutory Demands, Bankruptcy Petitions, Winding Up Petitions, County Court & High Court Claim Forms, N39 & N79 Orders, Divorce and Family matters, Injunctions, Writs, Section 21 Notices and other court documents.