How to Serve Claim Forms & Court Documents?

Shergroup

3 years ago

As a commercial property landowner, you have several responsibilities to shoulder. You have a lot more responsibilities than merely collecting rent and signing a lease. Landlords frequently act as mediators, repairmen, salespeople, and negotiators to resolve disputes. They must be able to deal with tenants, irritated neighbours, and property inspectors with ease.

In return, they have some expectations from their tenants from paying rent on time to honouring the lease agreement. But unfortunately, it doesn’t work out that way in a lot of cases.

You may want to end the tenancy and get your possession back if your tenant breaches the terms of the lease or is unable to pay the rent. There could be other reasons too but if you’re not happy to continue the tenancy then you have all rights to terminate it. You have to follow a step-by-step procedure, if your tenant breaches the contract of the lease, you must send the Notice to Quit the behaviour, if the tenant still fails to fix the lease violation, then you have the right to file for Notice of Eviction.

In this article, we will help you to learn the right way to send a Notice to Quit or Notice of Eviction to the tenant. Let us get started.

What is the Service of Claim Form?

Service means bringing documents used in court proceedings to a person’s attention. The claim form is the most important of these. Service of a claim is the procedure used to give legal notice to a defendant of a court’s exercise of its jurisdiction over the defendant, enabling the defendant to respond to the proceedings before the court. In essence, it is how can you make the defendant aware that the claim exists and needs to be dealt with, in line with court rules.

If you’re unable to serve the claim form and other court notices you need a process server to do it for you.

What is a process server?

Process servers deliver (serve) legal documents to a defendant or individual involved in a court case:

serving your documents promptly and in accordance with CPR rules
serving the papers in accordance with your special instructions
ensuring all Data Protection and Human Rights legislation is adhered to
keeping you updated at all times and advise you when service has been made
monitoring your case to ensure everything is returned to you on time
ensuring all statements or affidavits are completed correctly

What types of documents need a professional process server?

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

What address should documents be served at?

LLP | principal office of the partnership or any place of business within England and Wales where the partnership carries on its activities, and which has a real connection to the claim

Individual | usual or last known address

Individual being sued in name of business | usual or last known residence of individual or principal or last known place of business

Individual being sued in name of partnership | usual or last known residence of individual or principal or last known place of partnership

Company registered in England and Wales | principal office or any place of business of the company within England and Wales which has a real connection to the claim

A corporation incorporated in England and Wales | principal office of the company or any place of business within England and Wales where the corporation carries on its activities, and which has a real connection to the claim

Any other corporation of company | any place within England and Wales where the corporation carried on its activities or any place of business of the company within England and Wales

Why shouldn’t I serve them myself?

To guarantee that the documents listed above are served on time and accurately, it is always suggested that they be served by a professional process server. Process Servers are unaffected by the proceedings in any way. As a result, a process server’s proof of service will be given more weight than a statement made by a party involved.

Serving a court order or legal papers in the UK can be a difficult task. Court orders can be served in a variety of ways. Some Orders or Papers can be letterboxed at the address, while others require only personal service, but only if a specific procedure has been followed.

If the service is not provided in line with the law, it may impede the progress of your case or result in its dismissal. It is recommended that you engage the services of an experienced process server to ensure that the papers are served on time and accurately.

What evidence do I get that the documents were served?

Once the documents have been served, the Process Server will normally issue you either a Certificate of Service, a Statement of Service, or a Sworn Affidavit certifying the date and time the documents were served, which will be filed with the court before the hearing.

Summing-up

If you’re looking for an experienced process serving company to reliably serve documents, look no further than Shergroup. Our extensive network of process servers covers all the 105 postcodes of the UK and further afield.

Whether you require us to serve relatively straightforward, standard documents or organise complex time-synchronised, multi-location services, in the UK, we’ll work with you to understand your specific requirements and tailor our services and fees accordingly.

Commercial landlords and their advisors are regular users of our nationwide panel of trusted process servers to deliver and serve their tenant with the correct form of notice. Over the years we have grown our panel of nationwide process servers to provide a reliable and timely service when it is needed by our clients. When you use Shergroup to serve your notice, you are kept up-to-date and “in the loop” on what’s happening. Once the notice is served, we will provide you with the level of proof you need to confirm that the notice has been served, and you can put this proof before the court when needed.

Need to confirm an address before sending documents? We also provide tracing services, ensuring you serve the right people in the right place at the right time.

So, whatever your need, when it comes to the serving process – we’ve got you covered across the UK and further afield.

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