Statutory Demands

Winding-up Petitions

Bankruptcy Petitions

Divorce Petitions

Family Proceedings

Non Molestation Orders

Children’s Act

Prohibition Steps Orders

Injunctions

Anti Social Behaviour Orders (ASBO)

Witness Summons

Writs

Orders to attend Court (N39)

Claim Forms

Break Notices

High Court Process

Magistrates Process

County Court Process.

Suspended Committal Orders (N79A)

Court Orders

Notice Seeking Possession

Section 8 Notice

Section 21 Notice

Section 146 Notice

Licencing Act Notices

Attachment of Earnings Orders

What types of documents need professional process serving?

• Claim forms, summons and writs
• Court orders
• Statutory demands
• Bankruptcy and winding-up petitions
• Family and children proceedings
• Witness summons
• Divorce papers
• Non-molestation orders / prohibited steps orders – injunctions
• Section 21 Notices and Break Notices

Serving A Statutory Demand

What’s it for? Recovering money you are owed from an individual or company.

If you are owed money by anyone, you can make a statutory demand. There is technically no minimum amount of money that you need to be owed before you can issue a statutory demand. However, unless the debt is £5,000 or more for an individual, or £750 for a business, you will have minimal power to enforce the demand if the debtor ignores it. This doesn’t mean you shouldn’t serve a demand if the debt is lower than this amount, but it’s something to be aware of should the debtor be particularly savvy with the law.

You don’t need to involve a lawyer to issue and serve a statutory demand, and the process is relatively simple. In our experience, it’s a cost-effective and successful way of recovering money.

A statutory demand is usually only enforceable if the debt is less than six years old. If the debt is older than this, it is recommended to seek legal advice to see if it can still be pursued.

When your statutory demand is served professionally by Diem Legal process servers, the debtor will have 21 days in which to respond. The options are:

1) Pay the debt in full
2) Reach an acceptable agreement to pay

There is some power behind the service of a statutory demand. If you receive no response within 21 days you can apply to bankrupt your debtor or wind up their company. This is if you are owed £5,000 or more by an individual or you and any other creditors are owed £750 or more by a company.

Bankruptcy or winding up is usually a course of action that most individuals and businesses want to avoid at all costs, so the service of a statutory demand can be a positive catalyst to recovering money you are owed.

There is a guide to the type of statutory demand form you will need here https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand.

If you need any assistance regarding what form to fill, how to fill it in and how to serve the statutory demand please contact Diem Legal today.

Please note: The above is not meant to constitute legal advice. The law changes regularly and as such we recommend speaking to a legal professional for clarification.

Serving A Divorce Petition in the UK

What’s it for? Written by one spouse and served to the other and filed to the courts. The petition will state the grounds for divorce.

In England and Wales you can get a divorce if you’ve been married at least a year and the marriage has broken down permanently.

There are additional rules before considering serving a divorce petition, such as having a marriage that is recognised in the UK and the usual requirement of having a permanent home in England or Wales. If your home isn’t in England or Wales the court may still have jurisdiction to deal with the case, but it may mean supplying some supporting evidence.

The Divorce Process in the UK

1) Apply to the court for a divorce and detail the reasons you want the marriage to end
2) If your ex-partner doesn’t dispute the reasons for divorce you will be granted a decree nisi
3) If they do dispute the reasons for divorce or apply for their own divorce petition then a court hearing is required to discuss the case
4) You can apply for a decree absolute 6 weeks after you are granted the decree nisi. This will legally end the marriage and allow you to remarry

How to get a divorce in the UK

First of all, you must send the paperwork to the courts to apply for a divorce. If you and your ex partner can agree on things amicably such as the reasons for the divorce, child arrangements and splitting of finances then there is usually no requirement for court hearings. In the real world this isn’t always the case, and simply getting your ex to acknowledge receipt of the divorce papers can be the first hurdle. This is where a professional process server comes in. We will serve the divorce papers supported by a witness statement or affidavit to provide proof of service to you and the court. You don’t necessarily need to know the current address of your ex, but the more details you have the better. Our team will locate your ex and serve them the divorce petition in the UK.
If you have to visit court to discuss your divorce case then it is recommended to get legal advice to ensure you are represented fairly. We can usually recommend a local family law solicitor to you if you need assistance.

Need more information on serving a divorce petition? Contact us.

Please note: The above is not meant to constitute legal advice. The law changes regularly and as such we recommend speaking to a legal professional for clarification.

Serving A Winding Up Petition

What’s it for? Forcing an insolvent company into compulsory liquidation. Or to liquidate the company’s assets in order to repay creditors.

The serving of a winding up petition often follows initial service of a statutory demand. The company has either ignored the service of the statutory demand, or has no ability in which to pay the debt. Diem Legal can serve a winding up petition for you 21 days after we have served a statutory demand to a company if there has been no response.

This is a serious course of action for the creditor take and can have severe consequences for the company. The creditor has ultimately lost patience and is willing to put the company out of business. By this time mediation is usually no longer an accepted form of solving the debt problem. Diem Legal recommend speaking to a legal professional if you have been served a winding up petition.

Following the service of a winding up petition, the judge will hear the petition. If it is clear that the company is unable to pay and there is insufficient evidence that the company will be able to pay back its debt in the future, it will issue a winding up order. Once this happens an official receiver will be nominated to manage the process of liquidating the company and fairly dividing up the proceeds of any assets to creditors, if applicable.

More information on winding up petitions

Diem Legal professionally serve winding up petitions throughout the UK for affordable fixed fees.

Please note: The above is not meant to constitute legal advice. The law changes regularly and as such we recommend speaking to a legal professional for clarification.

Serving A Winding Up Petition

What’s it for? Forcing an insolvent company into compulsory liquidation. Or to liquidate the company’s assets in order to repay creditors.

The serving of a winding up petition often follows initial service of a statutory demand. The company has either ignored the service of the statutory demand, or has no ability in which to pay the debt. Diem Legal can serve a winding up petition for you 21 days after we have served a statutory demand to a company if there has been no response.

This is a serious course of action for the creditor take and can have severe consequences for the company. The creditor has ultimately lost patience and is willing to put the company out of business. By this time mediation is usually no longer an accepted form of solving the debt problem. Diem Legal recommend speaking to a legal professional if you have been served a winding up petition.

Following the service of a winding up petition, the judge will hear the petition. If it is clear that the company is unable to pay and there is insufficient evidence that the company will be able to pay back its debt in the future, it will issue a winding up order. Once this happens an official receiver will be nominated to manage the process of liquidating the company and fairly dividing up the proceeds of any assets to creditors, if applicable.

More information on winding up petitions

Diem Legal professionally serve winding up petitions throughout the UK for affordable fixed fees.

Please note: The above is not meant to constitute legal advice. The law changes regularly and as such we recommend speaking to a legal professional for clarification.

Serving An Occupation Order

What’s it for? Controlling who lives in a property and restricting a respondent from being present in a certain area.

An occupation order is designed to help victims of domestic abuse who no longer feel safe living with the respondent due to violence or other intimidation. You may want to prevent the respondent from visiting the area or place that you and your children are living, or return to where you were living without the respondent being there.

You must be associated with your abuser in certain ways to apply for an occupation order. The terms of association are listed below:

• If you are married or have been married to each other
• You are / have been cohabitants with each other (including same sex couples)
• You are relatives
• You live or have previously lived in the same household
• You formally agreed to marry each other (even if that agreement has since been broken)
• You are not living together but have had an intimate relationship of significant duration
• You have a child together, or parental responsibilities for the same child
• You are involved in the same family proceedings, such as divorce or child contact arrangement

*You must have a legal right to occupy the home in question when applying for an occupation order. Either as a sole tenant, joint tenant or owner. Or you must have been married to or living with a partner who is the owner or tenant.

An occupation order can be applied for without notice. This means the order can initially be served without the victim having to appear in court and provides a fast means of short-term protection.

In an emergency situation the order can be served within hours by a professional process server without the victim having to appear in court. The order is filed with the local police, so they are aware and able to react accordingly in the event of any reported breach of the order.

If a person breaches an occupation order it is contempt of court and can carry severe penalties such as large fines and / or imprisonment.

Non-Molestation Order To Protect Victims Of Domestic Abuse

When the term non-molestation order is heard many people are confused to its meaning and certainly don’t know how to go about getting one served legally. We’re here to help…

A non-molestation order is the most common emergency injunction to forbid someone acting in a particular way. It is designed to provide protection from a domestic abuser. It is a civil court order carrying the power of arrest. A penalty for breaking the non-molestation order can carry a sentence of up to five years in prison. It acts as a powerful measure to prevent abuse now and in the future.

As the largest server of non-molestation orders in the UK we know the terrifying, sad, controlling, dangerous and long-lasting effects of domestic abuse. A successfully served court order against the perpetrator of domestic abuse can genuinely improve and even save lives.

When the term domestic abuse is mentioned, violence immediately springs to mind. This isn’t the only thing that constitutes abuse.

Domestic abuse is a pattern of abusive behaviour in a relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence also has several different connotations. It can be physical, sexual, emotional, economic or psychological actions or threats of actions that influence another person.

When a non-molestation order can be used

A non-molestation order can be used against someone that you are associated with in one of the following ways:

• By marriage, civil partnership or engaged to be married or were married or were going to enter into a civil partnership.
  • You are or were living with as husband and wife including same sex relationships
  •  A family member or relation.
  •  Someone you have a child with or someone who has had parental responsibility for your child.
  • Someone you have had an intimate relationship with for a significant period of time.

Enforcement of a non-molestation order

The non-molesation court order must be ‘served’ on the abuser once the court has granted the order and the abuser it not present at court. The order must be ‘served’ to the abuser for it to be enforced, with a copy being provided to the local police so they are aware of its existence. A professional process server will serve your documents in accordance with the law and provide a positive chance of successfully delivering the court documents.

What to do if someone you know is a victim of domestic abuse

If someone you know is a victim of abuse, it can be a difficult situation to approach. Your first instinct may be to report the abuse, thinking it will help. This may not always be the case, and can in fact may make some situations worse and place someone in further danger. For more information on helping someone you know escape domestic abuse contact the National Centre For Domestic Violence (NCDV).

If you are considering applying for a non-molestation order we recommend speaking to a professional family solicitor in the first instance. There is also a lot of other free and confidential support for the victims of domestic abuse. We have included the links below to the UK Government website and the NHS. Both offer free and confidential assistance for victims.

NHS 

UK Government Website

Serving A Witness Summons

What’s it for? The official calling of a witness to court issued by the prosecution or the defence of a court case.

When you are served with a witness summons it will either be handed to you in person, or it will be delivered to you at home. A professional process server aims to ensure personal service, to demonstrate beyond reasonably doubt that the summons has been delivered and received.

How to obtain a witness summons

To obtain a witness summons, you need to send two completed witness summonses to the court where the hearing is to be held or proceeding. You should complete form N20, which can be obtained directly from the court or via the Court Service’s website.

Each witness whose attendance at court is requested requires a separate witness summons. If the court is to arrange service on the witness, the party seeking the witness summons should also send an amount of money to the court to be paid or offered to the witness.

The summons will usually detail:

• That the recipient will have to be at court on the day of the trial
• Definitely give evidence
• Receive a penalty if they don’t turn up

In some cases:

• The recipient of a witness summons will be offered money to cover transport to and from court
• Offered compensation to cover the time spent at court
• The witness will be required to produce documents as evidence rather than being present

The ‘Witness Charter’ explains how you can expect to be treated if you are asked to give evidence in a criminal court. You can read the ‘Witness Charter’ on GOV.UK.

Need more information on serving a witness summons? Contact us via our website.

Please note: The above is not meant to constitute legal advice. The law changes regularly and as such we recommend speaking to a legal professional for clarification.

Serving A Possession Order

What’s it for? Providing a landlord with the right to evict a tenant and take back ownership of their property.

You can evict someone if the court grants you a possession order. An outright possession order means the person served must leave by the date on the order. This is usually 14 days after the order is made. In some exceptional circumstances this can be delayed if the person being evicted is very ill, or has young children and has appealed to the court for extra time.

Should the tenant not leave by the stated date on the possession order, bailiffs can be instructed by the court to complete the eviction process via a ‘warrant for possession’.

Diem Legal is an experienced process server and can serve possession orders personally throughout the UK via a network of local process servers. Serving a possession order requires a deal of sensitivity, tact and know-how to ensure the best possible result for all parties.

The issuing of a possession follows the service of a Section 21 notice if your tenant has an assured shorthand tenancy. This is notifying the tenant that you want the property back at the end of the fixed term of the tenancy. If the tenant ignores this notice and they owe you rent, you can apply for the court for a standard possession order.

What is accelerated possession?

This is a special process whereby a county court order for possession can be granted if your tenant has an assured shorthold tenancy.

You can only use this service if you’ve told your tenants to move out in writing with at least 2 months’ notice (section 21 of the Housing Act). If you took a money deposit for a tenancy starting after April 2007 you must have put it in a deposit protection scheme. You can still evict tenants if you didn’t take a deposit.

Suspended or postponed possession order

There are some cases where the landlord is able to meet an agreement with the tenant. A set of terms will be agreed via the court, allowing the tenant to remain in the property if certain conditions are met. This could mean a minimum repayment each month of any previously unpaid rent, or cease causing disturbance to neighbours. If this suspended or postponed possession order agreement is broken by the tenant, the court can instruct bailiffs to repossess the property in a short space of time. This often comes as a shock to tenants when the bailiffs turn up as advanced warning is not always forthcoming.

Money Judgement

In addition to being granted a possession order the landlord can apply for a money judgement to be added to the possession order. This means that regardless of whether the landlord repossess their property they can still pursue the tenant for moneys owed. This is likely to make it difficult for the tenant to find a new home. The court has the power to deduct money from the tenants’ wages or bank accounts, or to instruct bailiffs to take things away to offset against payment.

Need more information on serving a possession order? Contact us.

Please note: The above is not meant to constitute legal advice. The law changes regularly and as such we recommend speaking to a legal professional for clarification.

Serving A Prohibited Steps Order

What’s it for? Preventing a certain type of action, such as preventing a parent from taking their child out of their home or country.

A prohibited steps order may be made against anyone, regardless of whether they have parental responsibility for a child. An order may also be made against someone who is not a part of the proceedings. This order is designed to combat a specific issue, such as preventing a parent from taking a child out of the country or preventing the removal of a child from their home. In any case where the welfare of any child is under question the court must be satisfied that making an order is better for the child than making no order at all.

Who can apply for a prohibited steps order?

Anyone who is named in a child arrangements order as a person with whom the child is to live may apply for a prohibited steps order without requiring the court’s permission to do so. Parents, guardians, step-parents with parental responsibility can also apply for a prohibited steps order without requiring the court’s permission.
An order can be specified for a specific length of time or can last until the child reaches 16 years of age. In some cases this can be extended to 18 years of age.

Family Mediation and Assessment

Before applying to the court for a prohibited steps order, there are certain requirements that have to me met in some cases. You must attend a family mediation and assessment meeting (MIAM). This is a meeting, held by a trained mediator, who will assess whether mediation is a suitable course of action in the circumstances. This ultimately reduces the amount of prohibited steps orders granted unnecessarily and reduces the burden on the courts in the cases where mediation is a suitable solution.

Need more information on serving a prohibited steps order? Contact us via our website.

Please note: The above is not meant to constitute legal advice. The law changes regularly and as such we recommend speaking to a legal professional for clarification.

What is a Process Server?

“A process server will serve (deliver) legal documents to an individual or defendant involved in a UK court. Known as Service Of Process”

When someone is sent into bankruptcy they must be served an order notifying them of the impending claims and court date. Someone is at risk of bankruptcy if they have not paid their bills, or child support, for example.

The person who filed the notice or the involved courts is responsible for notifying that person. A phone call or email is not sufficient, even in this technology-dependent age.

The law states that the defendant must be notified in person of the proceedings against them. But due to the legal requirements for serving such a notice, not just anyone can deliver them. That’s where a process server comes in.

Service Of Legal Court Documents

A process server is someone who hand delivers notifications of impending legal processes. Process servers may serve notifications on a variety of legal proceedings.

For example: They may deliver statutory demands, bankruptcy petitions, claim forms, divorce petitions, family and children’s proceedings, injunction orders, tenant or landlord lease break notices.

Each different classification of summons and orders require a specific process in order to serve it legally. Process servers are experts on the requirements and expectations for serving each kind of order.

How Notices Are Delivered

Process servers visit the homes of the targets of summons and orders. They may also visit their place of employment if they cannot be contacted at home. Occasionally, notices can be delivered via a letterbox, though most must be delivered in person.

Due to the time sensitive nature of the orders that they deliver, process servers may go to great lengths to serve the notices and orders as quickly as possible.

Individuals, lawyers, and businesses or organisations may require the services of a process server. Process servers are an essential part of the legal process, because improperly served notices can result in a delay in the legal process. Papers served illegally can actually be grounds for a judge to throw out a case.

Substituted Service

If a process server is unable to deliver the notice to the target, they may also utilise a “substituted service.” This means that they instead deliver the notification to another legal adult resident of the household where the target resides, with the understanding that the substitute will notify the target of the summons or order. A process server may also be able to deliver a notice to another adult employee at the target’s place of employment if the target is otherwise unable to be contacted.

In addition to serving summons and notices, a process server must also file reports on the summons and complete an affidavit. Each step of the process must be carefully documented to ensure that the case is handled legally.

International Service

Process servers may also work with other servers’ offices overseas, in order to deliver notices to those living abroad or to citizens of other nations. A different set of laws governs process serving across borders, so international process servers must be aware of the restrictions and expectations of delivering a summons or order in another nation.