You've Been Served! How to hire a Process Server?

Hiring a professional process server is often a crucial step in ensuring that legal proceedings are conducted smoothly, efficiently, and in full compliance with the law but you may never have heard of a Process Server let alone understand the types of instructions a Process Server might receive on a daily basis. 

You've Been Served! How to hire a Process Server?

So, to begin with lets talk about what a Process Server is. Falling under the umbrella of the Private Investigation industry, a Process Server may also be referred to as a Enquiry Agent, a Private Investigator or Bailiff. A Process Server is a person you employ to serve Court Orders and legal documents. Don't make the assumption a Process Server is nothing more than a delivery person. No, a Process Server is a highly skilled individual, who has the expertise to serve legal papers quickly, especially in situations where a defendant or respondent is evasive. 

What type of paperwork does a Process Server serve?

The type of paperwork we receive is referred to as legal process. A Process Server is a skilled individual who will know how to serve each type of instruction they receive. The rules differ depending on what is being served. The rules governing service in England and Wales are covered by CPR - Court Procedure Rules and service of court documents falls under CPR Part 6.

A Process Server may be tasked with serving anything from letters before action, divorce petitions, statutory demands, bankruptcy petitions, all types of court orders including family proceedings, children's proceedings and injunctions, serving orders to attend Court for questioning or suspended committal orders, for landlords we serve section 21 notices and section 8 notices, claim forms for possession. Less obvious instructions we receive include returning deposit cheques to tenants, displaying licence notices or making discreet enquiries at properties to confirm residency. The life of a Process Server is not dull. A Process Server can be responsible for serving a broad spectrum of documents and the list of what they serve is extensive! Lets looks at some of the documents we serve and how they need serving.

Divorce Petitions

In the UK, one of the most common scenarios requiring a process server is the delivery of divorce petitions, where it’s essential to serve the respondent with legal documents to initiate proceedings and ensure they are aware of the case against them. A Process Server will normally receive instructions from a Solicitor or the Applicant themselves, when the Respondent has failed to acknowledge receipt of the papers from Court. This is often a frustrating time for the applicant, we receive many instructions where the applicant knows the respondent has received the divorce papers but is refusing to acknowledge receipt of them. The court process cannot continue until the court is satisfied the respondent has been served. By instructing a Process Server to serve the papers for you, you can do away with the Respondent having to complete the D10 Acknowledgment of Service, as you would reply on the proof of service provided by the Process Server.

Section 21 Notice and Section 8 Notice

Similarly, in eviction cases, or where a landlord needs to regain possession of their property, a landlord must serve tenants with notices such as Section 8 or Section 21, and using a process server ensures that these notices are delivered correctly and that proof of service is documented—critical if the case proceeds to court. By using a Process Server you will receive accurate evidence that the notice was served to the address.

Debt Recovery 

Debt recovery is another area where process servers play a vital role, particularly when serving statutory demands, bankruptcy petitions, winding up petitions or county court claims to debtors who may be evasive or uncooperative; a professional server can locate individuals and ensure timely delivery. Most Process Servers are not Debt Collectors, but they can play an important role in the debtor recovery process when you need to serve a Claim Form, or serve the debtor with an Order to attend Court for Questioning for example.

Court Orders, Injunctions, Non-Molestation Order

Additionally, when enforcing court orders—such as non-molestation orders, injunctions, or orders relating to child custody, you are not allowed to serve the papers yourself — having a neutral, trained third party serve the documents for you not only ensures legal compliance but also helps de-escalate potentially volatile situations. In all these cases, PB Process Servers UK provides the expertise, discretion, and legal know-how to handle sensitive matters with professionalism and precision, giving clients peace of mind that their documents are served correctly and on time.

County Court Claim Forms and High Court Claim Form

A regular instruction received by Process Servers is for the service of County Court and High Court Claim Forms. The claim form must be served within the Validity period - between the date of issue of the claim form and the deadline set out either in CPR 7 or in a specific statute. The same applies to service of the particular of Claim. Frequently these are rush job, where the solicitor has held off service until the last moment, maybe whilst they negotiate settlement but where this fails, the Claim form must be served within the permitted timescales to protects the claimants rights.  

Can I avoid or refuse service from a Process Server

You really shouldn't try to dodge being served. Avoiding a Process Server doesn't exempt you from legal proceedings, and the court can still issue an order in your absence. In short, it's highly unlikely you'll completely avoid being served. If a Process Server can't serve you personally, there are other methods a client can pursue to ensure you are served, such as service by advertisement or substituted service. In most cases, a skilled Process Server can successfully serve papers even to the most evasive individual.

"I'm not accepting the papers" or "You didn't touch me with the papers"—  I've lost track the number of times I have heard lines like this before. If it were that easy, a Process Server might struggle to serve half of the cases they deal with. If you try to avoid service by not accepting the papers from us, then we can serve them on you simply by placing at your feet. There seems to be a misconception that we are required to touch you with the papers. This is untrue. By leaving the papers with you, whether you take hold of them or not, is deemed as good service. Therefore, in our opinion, it is better for you to simply accept the papers by hand and deal with the proceedings that have been issued against you.

Does technology play a part in Process Serving

Absolutely. The industry has come a long way since I first became involved some 25 years ago. From providing electronic updates, accepting instructions electronically, or through the use photographs, or GPS technology to confirm dates and times we were at addresses, the way cases are handled as changed considerably over years.

Evidence of Service

Once the papers have been served, a Process Server will provide proof of service. Depending on what has been served, this will usually be in the form of a Statement of Service, Certificate of Service or Affidavit. A skilled Process Server will know what evidence they need to provide you with.

How much does it cost to instruct a Process Server

Fees will vary from firm to firm and on the urgency of the matter. Expect to pay a higher fee for same day service, where a Process Server may have to divert from other calls they had planned to deal with your urgent case. A lower fee will be payable on a job where the Process Server has a week or two to serve the papers.

PB Process Servers UK has been serving court papers for over 20 years. We offer a transparent, fair and competitive pricing structure, with fees typically ranging from £105.00 to £165.00 + VAT depending on the urgency and specific requirements of the instruction.

We are aware that some firms quote significantly higher fees for similar services, while others may offer prices that appear unrealistically low. As always, if an offer seems too good to be true, it likely is!

If you would like to discuss your case with PB Process Servers UK, our team would be more than happy to chat with you. You can call us on 0113 286 8380 or email info@ProcessServing.co.uk.

Note: We cannot provide legal advice, and if you are unsure how to proceed, then you should seek the advice from someone suitably qualified, like a Solicitor. You can find a Solicitor here.