Serving Court Papers to Someone who is in Prison or has Fled the UK
Serving court papers isn’t always easy. It becomes even more difficult when the person that you are trying to serve them to is in prison, or has fled the country. Prison makes it tough to coordinate a time to serve papers. It also requires finding a process server who is qualified to serve to prisoners. Serving papers to someone who has fled the United Kingdom also causes a headache. It not only requires tracking down the individual, but also following local laws on process serving. Both may involve time and effort to get court papers served before impending deadlines.
Serving Court Papers to Someone in Prison
Serving process to prisoners is a challenge for several reasons. First, scheduling a time to serve these papers requires knowing and understanding that prisons run on strict timetables. Individuals looking to serve papers can’t just arrive at any time looking to meet with the prisoner in question. Process servers who are allowed to serve court papers to prisoners must undergo background checks beforehand to be allowed to do so. Those who are qualified understand the strict schedules of prisons, and are able to coordinate appropriate meeting times to ensure that papers are served in a timely manner.
Serving Someone an Injunction Who Has Fled the UK
If the subject has fled the country, the process to serve them papers is a bit more complicated. You’ll need to abide by the laws for process serving in that particular nation. The United Kingdom is a member of The Hague Service Convention, which is an agreement between nations that governs process serving between those countries. This means that requests for serving papers must go through a Central Authority in the nation that the subject lives in.
Serving papers through a Central Authority is free, but it isn’t without faults. The process involves a bailiff delivering the papers, and if they can’t deliver them, sending them via mail. This formal service can be time consuming; it’s not uncommon for it to take between three and six months for papers to be served, and in many cases individuals evade service altogether.
There is an article in The Hague Service Convention that allows individuals to serve the papers on their own, or with the help of a process server. If an individual is granted the right to self-serve, they may choose to either deliver the papers by mail, deliver them in person, or deliver through a process server.
Why You Need a Process Server
If you choose to serve papers through the self-service option, it’s a good idea to hire a professional process server. They can help you to locate the individual that you are serving papers to in the first instance. They will also be familiar with the laws for process serving in the country that the other individual lives in. Following these laws is essential; failure to do so could cause problems for you in court later.
Serving court papers to someone who is in prison or who has fled the UK can be tough, but with the help of a process server, especially with Diem Legal’s 24/7 services, you can help ensure that the papers are served before deadlines.
Writer’s Bio: Lewis Murawski is the marketing and business development manager at Diem Legal and Managing Director of Kahootz Media. Need professional help with digital marketing? You can connect with Lewis directly on LinkedIn