Frequent questions
WHAT IS A PROCESS SERVER ?
A process server is someone who serves or delivers legal documents on parties to a court case. They are quite often called mercantile agents, field agents or even enquiry agents. They are usually licensed by the authorities in each state. Process servers may also attend addresses to attempt to locate persons of interest or to ascertain who lives or works there.
WHAT IS AN AFFIDAVIT OF SERVICE ?
An affidavit of service is a written document whereby the person writing it (deponent) swears or affirms that the statement is true to the best of their knowledge, under the punishment of perjury, that legal documents were served on a party to the proceedings or upon a witness on such a date and time at a particular place.
WHAT IS AN AFFIDAVIT OF ATTEMPTED SERVICE ?
An affidavit of attempted service is very similar to an affidavit of service, but the difference is that the documents were not served. This may be due to the other party to the proceedings moving house, “clearing out”, or not being available, possibly away overseas or of course simply not answering a door knock.
WHAT IS SUBSTITUTED SERVICE ?
Substituted service is serving the legal documents on a party through an alternative means than usual such as by email, being left with a colleague or next of kin, left in a letterbox, texted or posted. This type of service can only be effected after the courts have granted an ‘order for substituted service’. Each court or jurisdiction will have different requirements.
The applicant must convince the court that they have made serious attempts to have the documents served on the other party and to no avail.
WHAT HAPPENS IF THE OTHER PARTY REFUSES TO ACCEPT SERVICE ?
As you can imagine this is quite common. Generally if the other party does refuse service than the documents can be placed at their feet, or in the case of serving a company, they can be left on the receptionists counter or slid under the door if at a registered address.
Experienced process servers will quite often send an email or text message advising the other party that they have left the documents on the counter or placed on the ground.