What is Process Serving?

Serving Legal Court Documents - Process Server

Process serving is when one of our skilled field agents (process server), hand delivers a court document to a person, commonly known as the defendant (or debtor).

When the court document is delivered, the agent then signs an affidavit confirming the service, and delivers it back to the person who initiated legal proceedings (the plaintiff).

The idea behind using an unbiased Process service provider, is to ensure that the defendant received the documents appropriately. Sending via post or email can be unreliable. Defendants are known to try and avoid receiving the documents, in the hopes that they will avoid court.

A process server can find, deliver and legally confirm that the defendant has received the documents, thereby enabling proceeding to start.

Court issued document such as Summonses, Complaints, Writs, Subpoenas, and other documents can be served.

 

Serving legal court documents to parties can be a bit of a complicated process.

In Australia, you need to be over the age of 18.
You can’t serve the documents yourself, however, in the case of family court documents, you can use a family member, friend or professional server for serving legal court documents.

More information can be found here;
Family Court

The advantages of using a professional server is the ability to ensure that the job is done correctly and the associated paperwork is filled, witnessed and submitted correctly.

Trying to get the respondent or defendant to acknowledge that they have been served is far more successful when conducted by a professional server, as the possibility of conflict and disputes increases when the service is conducted by any other means.

Magistrates, Supreme and Federal courts have different rules for different states for serving legal court documents. Each type of document will need to be served in a specific way.
Some can be served to anyone at the address over the age of 16, so long as the defendant lives at the address but most will have to be personally served.

The art of serving a person personally, while abiding by trespass and privacy laws requires the skills of a resourceful and knowledgeable agent.
Our agents are able to discreetly check the whereabouts of a defendant if they have moved from an address, determine whether they are actively avoiding service and provide evidence to the courts to prove that this is the case. This is the evidence required for Substituted Service. (read more here)

We pride ourselves on being able to serve respondents/ defendants / debtors on the first attempt. In fact we have a 98% rate of service on the first attempt.

If we are unable to serve on the first attempt, we are able to prove that the person is not at the address or is actively avoiding service.

Why choose us as your Process Server?


Efficient service delivery and legal expertise are the principles on which Australian Legal Field Services are founded on.
We are well versed in the regulations surrounding service of documents in each jurisdiction.
Our professional agents are resourceful and are, to date, the market leaders in serving documents on the first attempt.

We cover documents from the Magistrates court (from all states and territories), Supreme and Federal court as well as the District, Family and Children's courts.

integrity, resourcefulness, professionalism and quality are our core values when our process server engages in serving legal court documents

Integrity

Integrity

The quality of being honest and having strong moral principles.
The ability to follow your moral and ethical convictions.

I
Resourcefulness

Resourcefulness

The ability to find quick and clever ways to overcome difficulties.
The ability to make decisions and draw on your own imaginative problem-solving capabilities

R
Professionalism

Professionalism

The competence and skill expected of a person who is expert in their field.
The manner, aim and qualities that a person holds themselves to when they conduct their business

P
Quality

Quality

The standard of service, as measured against competitors.
The degree of excellence displayed and the ability to conduct those services consistently over a given time.

Q

What is the difference between Process Server and a Bailiff?

Essentially a bailiff is an authorised person of the court, appointed by the government to serve documents and seize property.
They are sent out on behalf of the court to the defendant’s address to attempt service.
Bailiffs work set hours and have limited time to ascertain details of the defendant.
In short, if no-one answers the door at a given time, a bailiff won’t try to determine where they are or where they have gone to.

The price of using a bailiff is comparable to that of a professional Process Server, the difference being our process servers have a vested interest in finding and serving the defendant on the first attempt.

There are many different Process Serving agencies around Australia and all of them must follow certain procedures to abide by the lawn when serving legal court documents.
If the agency offers you unlimited attempts in their service package, they do not have a vested interest in serving the documents within a time scope.

If the process serving agency, charges you for each attempt, they do not have a vested interest in serving on the first attempt as they will keep charging you for each subsequent visit.

If the agency fails to provide evidence of their visit, they may not be attempting to serve the documents at all.

If the process serving agency doesn’t use licenced agents, they do not have the skill and knowledge to find and serve the defendant. You may find the possibility of incorrect or junk service occurring, meaning that your documents wont be accepted via the registrar of the court that you are making the application through. You may find that you will have to have the documents re-served, or worst, have the case thrown out of court, costing you time and money. (read more here)

If the process serving agency doesn’t abide by a quality management system for example (ISO 9001:2015) they may be the type that take your money and fail to follow up any complaints, issues or mistakes with their service.

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