Think of a private investigator and what they do, and your view will no doubt be skewed by popular culture – investigating cheating partners, or carrying out some other sneaky surveillance for quite dramatic/romanticised purposes.
In reality, private investigators have a number of strings to their bow, making them a valuable asset to a wide range of clients. One of those groups of clients is solicitors, and the most common work we do for solicitors is process serving.
Process serving is not work that is exclusively carried out by private investigators, but it’s the sort of job that very much fits our skills and talents. Finding people, following established protocols and recording evidence in the correct and legal way upon completion of the work is absolutely in the wheelhouse of a PI.
A lot of people don’t know much about process serving, or they’re really interested in what the work entails. With that in mind, here’s a list of some of the internet’s most-asked questions about process serving – and of course, the answers!
Process Serving Questions
What is a process server?
A process server is someone who is employed to deliver legal papers to a recipient. These could be all kinds of formal documents where proof is needed that the person has received them – divorce papers, an eviction notice, restraining orders or a summons to appear in court.
The role of the process server is to not only action service – make sure that the person receives the papers – but that they confirm receipt in the correct way.
Does the UK have process servers?
Yes, the UK does have process servers. Some people act solely as process servers, whereas others will combine it with other roles – such as private investigators like ourselves.
Process serving is not an easy job, as there is a lot of expertise involved in finding people and recording the evidence of receipt in the right way. But trained servers do exist in the UK. If you need help with process serving in the UK then give our team a call.
Why do papers have to be served?
Certain legal papers need to be delivered to a recipient in person, or via a tracked and agreed method of communication, so that it can be verified that they have received them. Otherwise, the recipient could argue that they never received the documents, which could cause all kinds of legal headaches when it comes to divorce proceedings, or injunctions.
It would hardly be fair for someone to be jailed for breaching a restraining order if they weren’t aware of the order, would it?
So instead, a server can make sure that the person has received the documents, and submit the evidence that proves it.
Can you refuse to be served papers in the UK?
You could try to refuse service if someone tries to give you legal papers, but that doesn’t mean you can avoid the consequences completely. If you refuse service of divorce papers, it doesn’t mean the divorce won’t go ahead – it just means that the court will go through additional steps first.
Refusing service will not help you in the long run, and will likely be viewed quite negatively if you have no good reason to refuse service.
How long does it take to serve court papers?
The time it takes to serve court papers will vary greatly depending on the individual case. Some process serving is straightforward and can be completed within a couple of hours, but if the recipient is evasive then it can take a lot longer.
A good process server will be able to identify where a particular recipient is being evasive or is hard to find, and will be able to work efficiently to make sure that papers are served to them in the most prompt manner possible. Experienced servers are well aware of the delays that can occur when documents aren’t served quickly.
Can you serve papers by email?
Surprisingly, you can serve papers to someone via email. But to do so, you need to have made the efforts already to serve them in person. And even then, you can’t just send them the legal documents to an email address and hope that they see it.
Instead, you need to communicate with the recipient and agree to email the documents to them, and they need to provide their email address to you. You can’t use an email you find from a third-party source.
If the recipient agrees to this method, and provides their email address, and also then confirms receipt, you can consider the documents served.
Can a process server walk around your property?
Process servers are entitled to walk around your property. They are bound by the same laws as anyone else so as soon as they bypass a locked gate or door, or enter the inside of a private property without permission, they are trespassing.
But if they are walking around the outside of the property to try to ascertain whether you are home, they are acting legally.
How does a process server prove service?
Once the process server has served documents, they complete a proof of service. This can take the form of a certificate, or a statement, or an affidavit (a sworn statement). The formatting of these proofs of service matters – if they are not recorded correctly then they will not be admissible and the respondent could argue they did not receive the documents.
How much does a process server cost?
The cost of a process server will vary, and it’s impossible to give a standard fee because there’s no such thing as a standard case. A good process server is one who will talk you through the options available and agree what is reasonable on a budget vs work required basis.
Does a process server work on the weekends?
It used to be that process servers couldn’t serve documents on a Sunday. That’s not the case, and now a process server is entitled to serve you whenever they need to.
Need help with process serving? Give our team a call on 01772 334700.