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Legal matters

Applying for costs of a court official to serve papers?

4 replies

Antoniabegonia · 20/09/2014 10:03

I am DIY divorcing and have filled in the paperwork and sent it to the court. I am paying the £410. I've just received notification the paperwork has been sent to H and if he refuses to sign there will be additional fees for a bailiff to serve papers etc.

On my original petition I did not ask for him to pay costs, but if he refuses I want him to bear the costs of this refusal.

Can I change my mind and get the court to get these costs only from him?

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Collaborate · 20/09/2014 10:53

You'd have to amend your petition. Time consuming.

Too late for you now, but for the benefit of others, you should always tick the box saying you want an order for costs, but then add in pen "unless the Respondent returns the acknowledgment form to the court within 21 days of it being posted to them indicating no intention to defend".

That tends to concentrate their mind.

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Collaborate · 20/09/2014 10:54

Don't worry though. It doesn't cost much, though bailiffs are overworked and so the service isn't the quickest.

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Antoniabegonia · 20/09/2014 14:29

I ticked all the boxes regarding money Grin. Just not that box because that seemed fairly straightforward. I didn't want H to not sign because I was going after him paying half the fees and refusing to sign. Catch 22!

Ill phone the court official re resubmitting the petition if it looks like he won't sign, or at the other options for moving it forward.

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Antoniabegonia · 20/09/2014 14:31

Are there any other areas down the line where he can act up and run up fees?

If so resubmitting now makes more sense and wasting time at the front end.

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