Process servers

[neuroticmumof3]

My friend is thinking of applying for an occupation order/non mol. She lives at the marital home in Town A, he spends the week in lodgings in Town B where he works. If she successfully applied for the orders would a process server in Town B need the original documents or would scanned/faxed copies suffice? Also does anyone have any idea how much they might charge? She doesn't qualify for legal aid unfortunately.

He needs originals, sealed by the court. On the day she goes to court she needs tohave forewarned the PS that she'll need him to do the job that afternoon/evening. Then when the judge makes the order , she waits in the court office for the order to be typed up, and meets the ps there in the office. He will also need a sealed copy of the application and of her statement.

Alternatively, if the PS is happy to do so, he can collect the stuff direct from the court.

Personally I'd advise her to hang around in the court office because if there is a problem the clerks will expect her to be there to sort it out, they won't deal lwith the PS other than to hand the docs over.

How far is Town A from Town B? Most PS will cover fairly large areas. I use one which covers all of the Thames Valley & western Home Counties.

Town A is several hundred miles from Town B so I'm pretty sure process server wouldn't be able to be at our local court, or it would cost a fortune to have them attend. I suppose we could send court documents by special next day delivery to the process server? My friend is still unsure what to do. She's still hoping for an amicable separation but I don't think that's likely to happen with a controlling, abusive man. NCDV have advised that Wednesday is the absolute latest she can apply to the courts. Thanks for your help.

Yes, she'll need to arrange for special delivery immediately after the hearing. So if she's in court on Wed, she should get the clerks to give her the sealed docs then hot foot it to the post office. Obv. putting the PS on notice so they're expecting them. She should also tell the PS where her ex lives and works, what his hours are, the reg and description of his car, whether he frequents a particular pub or whatever. The more info she canprovide the easier it is for the PS and therefore the cheaper the bill will be.

Alternatively if he comes home at weekends she could get a local Ps to serve him in Town A

Thanks. Think it's safer if he's served in Town B. Hopefully he'll then have no reason to come to Town A.

Sorry, forgot to answer your question about charges. I normally pay about £250 plus VAt which includes them hanging around for a while to catch the Respondent, often two or three attempts before they're successful, sometimes less if they're lucky or serve him as he comes out of work or something.

It's also vital that she gives the process server a photo ( I usually get one of the happy couple torn in half). If she doesn't have a photo, a thorough description.

My ex ordinarily lives abroad and the courts granted permission for service by email which was great as he would have otherwise denied receipt. I am sure it pissed him off in a major way which unfortunately let to a lot of the crap he has subsequently flung in my direction. He didn't even have to acknowledge receipt - it was enough that the email system indicated safe delivery!