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Where to serve court papers?

Discussion in 'Legal' started by sks, Mar 5, 2018.

  1. sks

    sks UKBF Contributor Free Member

    30 0
    Dear all, a previous tenant left owing me money and I am about to issue a small claim online.

    In the absence of a home address, is it possible to give a work address, or another business they run, or even by email/facebook?
     
    Posted: Mar 5, 2018 By: sks Member since: Feb 28, 2018
    #1
  2. JEREMY HAWKE

    JEREMY HAWKE UKBF Legend Full Member

    3,350 1,075
    It would be a bit of a joke if you told the judge you served the paper on facebook

    Would I be able to attend the hearing as well ? It would be an afternoons entertainment for me

    You may want to use a private investigator or something like that to establish a correct address
     
    Posted: Mar 5, 2018 By: JEREMY HAWKE Member since: Mar 4, 2008
    #2
  3. Big G

    Big G UKBF Regular Free Member

    406 99
    Under Part 6 of the Civil Procedure Rules you need to serve the documents on a current or last known residential address.

    As the last known residential address is actually your address there is little point in service the documents there so you will need to run a track and trace on the individual in order to obtain a current adress. Drop us a pm if you would like some assistance with this.
     
    Posted: Mar 5, 2018 By: Big G Member since: Dec 15, 2010
    #3
  4. smallclaimsassistance

    smallclaimsassistance UKBF Enthusiast Full Member - Verified Business

    787 203
    You can serve by email, but only if your opponent has given consent. Unlikely as it seems, you can also serve by Facebook/Twitter, but you would need to make a formal application to court for permission. Your best bet, as stated above, is to trace them.

    Dean
     
    Posted: Mar 5, 2018 By: smallclaimsassistance Member since: Jan 7, 2015
    #4
  5. JEREMY HAWKE

    JEREMY HAWKE UKBF Legend Full Member

    3,350 1,075
    Dean I cant believe that a court would allow this How could this serving of papers be taken seriously
     
    Posted: Mar 6, 2018 By: JEREMY HAWKE Member since: Mar 4, 2008
    #5
  6. The Byre

    The Byre UKBF Ace Free Member

    7,323 2,840
    If a person or other entity is actively engaging in correspondence on Twitface, MyGram or InstaYou, the court may regard this as their preferred (or possibly only) method of communication and allow the plaintiff to serve on MyFace.

    All sorts of wacky methods have been approved of in this way, including (before the days of FaceOff) advertising in a local newspaper, serving papers at a pub the defendant is known to frequent, or just friends and relatives. It's called a subsisted or deemed service of papers.

    A typical example, is when someone has legged it abroad, but you want to gain title to something still in the UK, or you expect them to return one day, in many years time.
     
    Posted: Mar 6, 2018 By: The Byre Member since: Aug 13, 2013
    #6
  7. smallclaimsassistance

    smallclaimsassistance UKBF Enthusiast Full Member - Verified Business

    787 203
    Yep.
     
    Posted: Mar 6, 2018 By: smallclaimsassistance Member since: Jan 7, 2015
    #7
  8. Charlie B ACS

    Charlie B ACS UKBF Ace Free Member

    1,086 254
    When I've requested leave for Substituted service to a judge on a bankruptcy petition, the judge instructed that we send a copy by recorded delivery, post a copy through his door & also, attach a copy, in a waterproof bag, to a stake, and leave it in his front lawn!
     
    Posted: Mar 7, 2018 By: Charlie B ACS Member since: Feb 21, 2008
    #8