‘Tell him I’m not in’ – Avoiding a UK process server

For some reason, the role of the Process Server within the UK for many years has been adopted by the Private Investigation industry and is considered by many PIs to be the bread and butter of the role.

What is Process Serving?

Process serving is the procedure employed to give legal notice to a person of a court or Administrative body’s exercise of its legal authority over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal. Usually, notice is furnished by delivering a set of court documents (called “process”) to the person to be served.

Can You Avoid A Process Server?

This question can be heard time and time again usually from people desperately trying to avoid court proceedings of some description.

A straight forward answer is, yes you can avoid a process server if you try hard enough, but a more important and accurate question to ask is; can you avoid the legal process being served upon you?

That is not so straight forward.

Nowadays the courts understand that some people will try always to avoid court action and those people believe that avoiding service of legal process is the way to do it. I urge those people to think again.

Reasonable Steps

If a process server takes every reasonable step to effect personal service of the process and that process server believes that the person to be served is avoiding service then the process server and ultimately the applicant/claimant in the proceedings can apply to the court for an Order for a method of substituted service of the process. This means that the court could Order that service could be effected by inserting it through the respondent/defendant’s letterbox, send the process to the respondent/defendant by 1st class post or place an advert in the press informing the respondent/defendant of the existence of the process and its contents. All these methods are tried and tested and are deemed acceptable methods of serving process.

Serves Using Technology

It doesn’t stop there; with the advancement in technology process has been deemed served upon a respondent/defendant via telephone, fax, email or, get this,…..Facebook or Twitter.

So the advice is: don’t waste your efforts trying to avoid the issue, confront it and deal with it head on at least that way it will allow you to deal with any legal action that you feel is unwarranted.

  • http://www.detectivedenise.co.uk Denise McCallum

    Great Article

    • Editor

      Thanks Denise.