Process Serving FAQ's

What is a process server?

A process server is a person who hand delivers or “serves” documents of a legal nature, on a person or company who is involved in a court case. When being served, the person or company is referred to as the defendant, plaintiff or witness. Once the documents have been successfully served, the process server completes an affidavit of service which is filed with the court.

How Is Process Serving Done?

Legal documents are received by us which are to be served upon the defendant, plaintiff or witness. Rules surrounding the serving of documentation can be complicated as rules for many document types and jurisdictions are different. When it comes to the actual methods of service they include personal service, ordinary service and substituted service.

What Is Personal Service?

As the name implies, the process server hands the documents directly to the person being served, and that person takes the document. Prior to effecting personal service though, identification of the person being served is required before the document exchange can occur.

To properly identify the person, we need to confirm their date of birth, full and correct name, and ask if they are the person referred to within the documentation. Additional identification can be obtained by matching the person being served with a recent photograph.

What To Do If a Person Refuses To Be Served In Person?

There are times when the person receiving the documents will simply refuse to do so. Once proper identification has been completed by the steps mentioned above, the person refusing to accept service by hand can actually be served by having the documents left at their feet.

In the event that the person refuses to identify themselves, a recent photograph is invaluable as we can then leave the documents on the floor in front of them and advise them they have been identified via a photograph.

What is Ordinary Service?

Ordinary service can be effected by leaving documents with an adult also residing at the address. Ordinary service can also be effected by leaving the documents at an address (if no-one is at the address) in a position where it is likely to be seen by the person.

What Happens If A Person Has Moved and Can’t Be Served?

There are other options available if a process server can confirm that the person has moved from the address they have been given. Further investigation and skip-tracing skills are needed to locate the new address for service. A competent and experienced process server knows what questions to ask in order to gain this new information.

What Are My Choices If The Person Avoids Being Served?

In this scenario, substituted service is where we as the process server provide evidence that it is impractical to serve a person under the circumstance where the person is avoiding service and has done so on several occasions. It is important to note that a court will only grant substituted service after several genuine attempts have been made.

How Much Does Process Serving Cost?

The cost of process serving varies depending upon where the documents are being served, the number of people required to be served and the number of times a process server is required to attend an address. To provide an estimate, in capital cities throughout Australia the cost of process serving starts from competitive rates. Contact us for a quote.

What Can’t A Process Server Do?

There are quite a few things a process server cannot do by law and really should not attempt to do for ethical reasons. Listed below are what we consider to be the big things a process server should never do.

Break and Enter

A process server cannot under any circumstances break into and enter a property unlawfully in order to serve documentation on a defendant, plaintiff or witness. They must adhere to the rules at all times and under no circumstances follow someone onto private property.

Impersonate A Police Officer

A process server cannot impersonate a police officer or any other officer of the court in order to force someone to open a door. In no way at all can a process server misrepresent themselves or skew the reason they are attending an address in order to coerce a person to open the door.

Threatening Behaviour When Serving Documents

A process server cannot use behaviour that is threatening in any way, nor can they harass a person in order to have that person open their door and potentially accept service of legal documentation.

Must Not Leave Documents With An Under-Age Person

Almost every state requires that documents be served on a person no younger than 16 years; however you will find that in some states it is necessary that the person being served is at least 18 years of age.