DEAR LEGAL WIZ,
I loaned a girl over 80,000. She keeps going in and out the hospital and her sister who lives with her comes to Court and says she is not working. A bailiff at Sutton Street court who I met outside told me he was going to serve the papers on the sister inmately because they lived together. Can he do this.
One must be careful to note at all times that there is no bailiff that you will ever need to meet and do business with on the outside of the court at Sutton Street. There is a regularised bailiff office to the back of the court.
Perhaps you met private process servers.
Now once the summons is for money, the forms of service are:
(1) actual, or personal, service, (2) substituted service, and (3) service by publication
Therefore the summons must be given to the person who owes you directly.
The only way to exercise your rights and give otherwise is after receiving permission through a court order to serve otherwise.
There are times when the Court proceeds when it is not personally served for example in the instance where the person turns up and does not contest the service where the private process server gives the documents to someone else who they believe will hand it over.
Remember though that if the person has a lace of business, the summons can be served at their place of business.
On another note, the business of inmate service is about serving someone in prison.The other meaning is to say the service was done impersonally, where the summons is left with someone over the age of 16.. but this inmate method is reserved for claims not involving money.
Be warned that sewer service and false declarations of service makes a process server liable for prosecution.
The above does not constitute legal advice, and are done by inhouse senior journalists, chiefly Anthea McGibbon, after research and discussion with attorneys-at-law and other specialists, as necessary. Please remember that names are changed at times by request of the person seeking information.
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