Process Serving Advice

Service of process is the procedure used to give legal notice to a person or company such as a defendant or respondent of a Court hearing or of the Courts jurisdiction over that person so as to enable that person to respond to the proceeding before that Court. Usually process is served by a Process.

Usually, notice is served by delivering a set of court documents to the person or company to be served. There are lots of different types of process that can be served and each has rules regarding the means of service.

Typically, a process must be served upon the defendant personally, or in some cases upon another person of suitable age and discretion at the person's abode or place of business or employment. In some cases, service of process may be effected through the mail or by leaving the process at a permitted address. In exceptional cases, other forms of service may be authorised by rules or Court order, including service by publication in a newspaper such as when an individual cannot be located or intentionally avoids the process server.

Once served a person or company must obey the Courts Order. If the person or company ignores or disobeys the Court Order then they may be held in contempt of Court and this could lead, amongst other things, to a fine or imprisonment.

In England and Wales, the rules governing service of documents are contained within Part 6 of the Civil Procedure Rules 1998. Service on a defendant who resides in a Country outside the jurisdiction of the Court must comply with special procedures prescribed under the Hague Service Convention, if the recipient's Country is a signatory.

Please note: You should seek independent legal advice from a qualified Solicitor on your particular case. Information on these pages is general information and should not be considered as legal advice in any way

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