Process Serving is a key element of many legal matters – it’s the procedure of officially delivering legal documents to a person involved in a legal case, ensuring they are aware of the proceedings.
But what happens if the person you need to serve is avoiding you, cannot be located, or is simply unavailable? This is where substituted service, often called “sub-serving,” comes in.
And if you’re looking for a process server in Huddersfield, you need to make sure they understand the rules around sub-serving, and that they don’t cause issues for your case going forward.
What is Substituted Service?
Substituted service is an alternative method of delivering legal documents when personal service (directly handing the papers to the intended recipient) isn’t possible.
Instead of giving the documents directly to the person named, they are delivered to someone else or left in a location where the person is likely to receive them.
Methods of Substituted Service
There are several ways substituted service can be carried out in the UK, depending on the circumstances and the rules of the court:
- Leaving with Another Adult: If the intended recipient is not available, documents can be handed to another responsible adult at their residence or place of work. This person should have a reasonable connection to the recipient, like a family member or colleague.
- Posting at the Last Known Address: If personal service is impossible, documents can be posted to the recipient’s last known residential or business address. This ensures there is a chance for the documents to be seen by them.
- Email or Other Electronic Means: In some cases, especially with the court’s permission, legal documents can be served electronically. This is more common in modern times, where many communications occur online.
Thankfully, these electronic methods are becoming more accepted, and so you don’t even have to rely on email – Messenger, or WhatsApp, will often be considered suitable as it is the most direct form of electronic service (and, thanks to those blue ticks, you can see when it has been received).
When is Substituted Service Necessary?
Substituted service becomes necessary when the person being served cannot be reached through traditional means. This could happen for a variety of reasons:
- The person is deliberately avoiding being served.
- They have moved without providing a forwarding address.
- They work irregular hours, making personal service difficult.
- They are in a location that is difficult to access.
In these cases, substituted service ensures that the legal process can continue without unnecessary delays.
The Rules for Substituted Service
The UK legal system has rules to ensure that substituted service is fair and properly executed.
Generally, a court order is required to use substituted service methods. This means that you must demonstrate to the court that all reasonable efforts to serve the person directly have been made.
Once granted, the court will specify how substituted service should be carried out. Private investigators often play a crucial role here, using their experience to trace individuals and determine the most effective method for serving documents.
Why Work with a Private Investigator for Substituted Service?
Working with a private investigator ensures that your legal documents are served in full compliance with the law. Investigators are experienced in tracing individuals and have the expertise to execute service effectively, even in challenging situations.
If you need help with process serving or have questions about substituted service, don’t hesitate to get in touch with us on 01772 334700. We can provide guidance, ensure your documents are served correctly, and give you peace of mind.