Prohibited Steps Order a Race Against Time: Update 2017 #4
Hire a Process Server
Last Friday night 5 PM and most offices are looking to shut down but not Wax Jacket. We had a flurry of enquiries both web and telephone-based and they became our priority. Wax jacket is now getting the name in the market as being the can do process server and this is just one reason why. We received three calls on Friday night (when most people are relaxing) for cases that are in court Monday morning 6th February. Other process servers have previously tried to serve the same documents with little success. We’re up for the challenge of meeting the deadline and outwitting the respondent.
Serving a Prohibited Steps Order
A Kent-based solicitor calls us just after 17:00pm – they had a prohibited steps order that needed to be served by Monday. The case was to be held again at 10:00 am. A prohibited steps order is where a court prevents a certain action. This action can be made against anyone regardless of whether they have a parental responsibility to the child or not. An order may be against a person who is not party to the proceedings. This is also known as ex parte.
We accepted the job and put a plan in place to have the documents transferred over to our local process server in Southend-on-Sea. The first visit was attempted within just an hour of receiving the job. This is the standard practice for us and we specialise in serving time sensitive documents. Needless to say, we were unsuccessful on our first visit but we gained some useful information.
Process Server Southend-on-Sea
Our process server returned to site on Saturday. This time there were signs of activity in the house. Hopefully the subject was in… The local process server in Southend-on-Sea checked all of the documents and made sure his point of entry and exit were clear.
The subjects father opened the door. We knew it wasn’t our target as all of our servers are issued a respondent information sheet containing vital details about the person/subject they will be serving. This includes height, weight, and any distinguishing features such as tattoos and scars. The respondent came to the door shortly after. Our process server explains the reason for our visit in a professional manner and offered the documents to the respondent.
Prohibited Steps Order
The respondent took the documents read through the first couple of pages and said: “I’m not accepting these – they’re not served and I will not be attending court on Monday. Not on your life.” Unfortunately, not a lot of people understand the law. Family law in particular is often misinterpreted, as it was on this occasion by the respondent.
He saw the words ‘you must bring the child to the court hearing which will be taking place at the family court on Monday, 6th February at 10am’. He assumed that the applicant had written this and he didn’t have to abide by it.
Court orders carry different times and penalties depending on what kind of order they are. In the instance of this prohibited steps order it had a contempt clause. This basically means that if you do not comply with the order once it’s been personally served, you may be held in contempt of court. The resulting punishment could be a fine, imprisonment and / or seizing of assets.
Our process server calmly and professionally explained the terms of the prohibited steps order issued from the court and what failure to comply with these would result in. It is really important to show empathy and relate to the respondents in the role as a successful process server. Doing do so often results in a change of mood and assists the service of process considerably.
You wouldn’t expect a process server to be thanked for delivering what ultimately is generally bad news. However, in this line of business we have found it’s more common to be thanked than abused when we approach with caution and care.
Wax Jacket Process Servers UK
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