Serving a Writ

Discussion in 'Finance, Property, Law' started by Tytus_Barnowl, Mar 21, 2013.

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  1. Tytus_Barnowl

    Tytus_Barnowl On ROPs

    I have been asked to carry the above action out in a civil dispute. What exactly has to be done to ensure that it is "served" correctly.
     
  2. A summons is deemed to be served if sent via first class post to the respondent's correct postal address. However he does have a bit of a get-out card if he alleges it didn't arrive. Your best bet is to visit him at home and give it to him in his grubby paw. It is also deemed to be served if left with another adult at the same address but he can still say it wasn't passed on. If he won't take it off you at the door, just tell him what it is and put it through the letter box. Job jobbed.
     
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  3. Not wanting to be patronising but I'm assuming that this may be part of your job and should have been covered in any induction training?
     
  4. Tytus_Barnowl

    Tytus_Barnowl On ROPs

    No its nothing to do with my job. A neighbour and good friend needs a writ serving to someone, she employed a firm to do this that have come up empty handed through incompetence so I have offered to help in any way I can. Basically their story was that they weren't sure of his identity (despite an album of photographs) and want another 2 weeks to get the writ served I know the scrotum so will have no problem shoving it into his hands. I just wanted to know what his get out clauses were so I can cover the exits.
     
  5. If you want to go the whole hog, take someone with you to witness it (maybe film it), physically touch him with the writ and loudly proclaim; "Legal writ! Served and witnesed!" you can add the date and time if you want to go overboard too. It might not be strictly necessary but I've seen it on the telly done like this for dramatic effect. You could add, "See you in court!" for extra drama if you want to, depends if anyone else is there to make an impression on. I'm sure your friend will appreciate the extra effort with sexual favours....
     
  6. Tytus_Barnowl

    Tytus_Barnowl On ROPs

    Troy please.
    It would be very hard to imagine sexual favours with this person. She is a full time carer for her spouse who had a major stroke last year. This is to get her former husband into court to get a proportion of their previous marital home, not his business interests. She was in court 2 weeks ago, the Judge /Clerk issued a writ to summon him so she did the decent and found a firm that does this sort of thing so called professionally only to find that they in common with their legal learned friends (incoming attack anticipated) are playing for time to line their pockets. I am just trying to help a friend out, and I have considered the witness aspect as well.
     
  7. I was told that was an acceptable method. Another one, if the recipient refuses to accept it, is to drop it on the floor next to them and tell them what it is.

    If the other party refuses to play ball, it could end up with the judge making orders endorsed with a penal notice. If this happens, then as far as I'm aware, the court would have to be satisfied that he had been properly served and was aware of the order and the notice, on the basis that his failure to comply with it could result in his loss of liberty. To achieve this, an affidavit of service could be sworn by whoever serves him, and filed with the court. There's a form (FL415 - Statement of Service) on the HMCTS website, but I'm not sure if it's the right one, or if that's the equivalent of an affidavit of service. I've only ever done one divorce and that was my own, over 20 years ago, and luckily there was no financial or property dispute involved.

    http://hmctsformfinder.justice.gov.uk/courtfinder/forms/fl415-eng.pdf

    You could ring the court - they're usually glad to help if they can. If they sound reluctant, emphasize that you are only asking for info, and not requesting legal advice, which obviously they aren't allowed to give. If it's a UK county court, you probably need to speak to a department called the district registry.
    Failing that, the firm that's supposed to be dealing with it should tell you what requirements have to be complied with. Assuming it's the UK county court, it's covered by the Civil Procedure Rules.
     
  8. Once you have served the writ (good service) you will need to write a statement of service, (an Affidavit) headed by the court details that are going to deal with the offence.

    The details required are fairly basic, but you will have to go to a Solicitor or JP (with about a tenner and some i/d) and swear that the statement is the truth, and have your signature witnessed.

    PM me with an email addy and I will send you some templates that I have used 100's of times.
     
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  9. The best way is to take a scaffold pole and angle grind an 8" length off. Laminate the writ and put it inside, then visit the person in question.

    Insert into anus (theirs, not yours) with the help of a large mallet.




    HTH.
     
  10. Perhaps a small chamfer on the leading edge to demonstrate best endeavours?
     
  11. walk round with a wad of tenners and ask if this is his "found on the floor outside" when he says yes and offer his hand to get it, place said writ in hand, with your mate filming it.
     
  12. Tytus_Barnowl

    Tytus_Barnowl On ROPs

    Thanks for the info Arte, basically the penis firm tasked with serving him went round to his lady(if she can be called that)friends house on a Friday evening and asked to speak to him in person. She said he was not living there what a ******* surprise. Now he knows that a writ is coming his way. I know him, what pub(s) he drinks in, never had much time for him so I have agreed to do it. There is a Solicitors office to swear the affidavit already appointed, as I am aware there is no time limitation so its a case of wait out.
     
  13. Seems like you have things in hand mate.

    Writs and suchlike can be a pain in the arrse, and as you say, there is no time limit, as nothing is going to happen (generally) until all parties have been notified as to WTF is going on, which can add to the misery of the whole thing. (And it's always a miserable affair, hence the serving of writs.)

    In my post above please delete "offence" and insert "matter". (Brain fart moment.)

    Good luck with it.
     
  14. sirbhp

    sirbhp LE Book Reviewer

    I once got a " man and van " to go to the debtors door with a clipboard and box , the debtor signed for the writ and was served with it inside the box . Then the van man swore the affidavit at my solicitors in primrose hill and all was hunkey dorey .
     
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  15. Tytus_Barnowl

    Tytus_Barnowl On ROPs

    At 16:05 I entered the public house nominally the B""""""""""""" in """"""£"""e. I observed the person to nominally be served at the bar. I noted the tatoo on his neck whereupon I joined the crowd at the bar and proceeded to chat to the barmaid (hard work as she is a bit of a boring dog). There being a sunday happy hour in place with a 2 for £4 I offered him a drink under the premise that we are drinking buddies, he in a jovial mood accepted this and after a little bit of banter returned the favour. On completion of the glorious pint of proper job I handed him the notice, advised him it was an official court writ, suggested to him he read it because he would probably need to comply with it given that his name was on it, bid the good people around me a farewell and left the premises. He was pretty surprised at the notice Tomorrow I go to a nominated solicitor, swear an affidavit and job done.
    I would hope the person requested that I do this service covers my expenses as I had to sit in a pub 2 nights drinking beer before he showed up.