If you've started court proceedings or you're part of a family law matter, sooner or later someone has to make sure the other side actually receives the documents. That's the job of a process server.
Serving documents the right way
Courts need proof that the other party knows about the case before it goes ahead. For many documents, especially the ones that start a case, that means personal service: handing the documents to the person named in them. If they won't take them, the rules generally allow the server to tell them what the documents are and leave them in their presence.
A process server's job is to find the right person, confirm who they are, serve the documents in a way the court's rules allow, and record exactly what happened.
The affidavit of service
After serving, the process server swears an affidavit of service. It sets out the date, time and place of service, how the person was identified, and what was handed over. You file it with the court as evidence that service happened.
If the person can't be found or is avoiding service, the server can swear an affidavit of attempted service instead. This records each attempt and can support an application for substituted service, where the court lets you serve another way.
What documents do process servers handle?
- Divorce and family law applications
- Magistrates', County and Supreme Court documents
- Subpoenas
- Statutory demands and bankruptcy notices
- VCAT and tenancy notices
Why use a professional?
Getting service wrong can mean an adjourned hearing, wasted court fees and weeks of delay. A professional server knows the rules, plans attempts around when the person is likely to be home or at work, stays calm in difficult situations, and produces an affidavit that holds up.