good service.

gimmeabrk07

hi i have a court order against a landlord but i have had problems serving the document on him. i sent the order by registered post to his place of buisness but it was refused. what im asking is can the order be handed in person by me to the place of buisness or do i need the guards to serve it?

NUTLEY BOY

Probably not a Garda function if this is a civil action.

Serving it yourself might lack credibility as you could be accused of making up a story of service !

I think that solicitors and the like use people regularly to serve papers for them. I don't know what they are called now but the title "summons server" comes to my mind. PIs might do that work too but they can be expensive.

The main point is that you need to be able to establish adequate evidence of service. If you fail in this regard I suppose it might mean a trip back to court for an order for a substituted form of service like a newspaper notice but that could be messy and start running up your costs.

IRISH RAIL

put it in a lovely big package label it up nice like its a free gift and send it registered. a little bit of deception never went astray.

Our man in Havana

Process servers are the people to use, but they are not cheap.

If he is refusing registered post, ask the judge for an order for subsituted service by regular post. When sending it by regular post be a little devious, send it in a small envelope, use weird writing etc and post it up the country somewhere.

Our man in Havana

IRISH RAIL wrote: »

put it in a lovely big package label it up nice like its a free gift and send it registered. a little bit of deception never went astray.

Could he claim shenanigans if you disguised a summons as a free gift? Just curious from a legal point of view.

skyhighflyer

@Bond - you can't use deception to serve. So no "Congratulations, you have won a motorboat whuch you can pick up at [OP's house]" Nor can you serve someone who's incarcerated.

However, anything else pretty much goes. If you wanted to serve someone who lived out of the jurisdiction, for example, and was waiting for a connecting flight to the US in Dublin airport for an hour you could serve them there. Also, if the summons touches any part of their body it's good service, so throwing it at them might work.

OP, why don't you just serve the landlord yourself?

Our man in Havana

I was told once by a lawyer that personal service is not allowed in certain procedures and that reg post must be used. I take it that is bollocks.

When I said deception, I meant disguise the envelope a bit, fold up the papers to fit a non legal type envelope etc, would that be allowed?

If he is refusing registered post, ask the judge for an order for subsituted service by regular post. When sending it by regular post be a little devious, send it in a small envelope, use weird writing etc and post it up the country somewhere.

gimmeabrk07

it was left with one of the staff from his estate agent earlier today. skyhighflyer i dont know where the landlord lives so his place of buisness was the next best. i've been chasing this chancer since last summer, he never showed up in court despite summones set to the estate agent. i dont even know wether they have informed him of the problems his tennants have been causing. anyhow the judge mentioned last time something about forcing him to dispose of the property if the problems continue so thats the next step i'll have to take.