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Serve letter

  • 01-07-2023 7:19pm
    #1
    Registered Users Posts: 8


    Quick question my friend is currently going through custody access with their ex , next step separation etc

    How will her solicitor serve the ex, is this through registered post or does the ex physically have to accept the letter? Can they refuse to accept it?

    their solicitor added this note on a recent letter

    ”Furthermore, I confirm that my client asked that you serve any Circuit Court Proceedings herein directly on him.”



Comments

  • Registered Users, Registered Users 2 Posts: 1,531 ✭✭✭Lenar3556


    There are well established rules on the service of court documents.

    Personal service, whereby the documents are directly handed to the other party is one option, registered post is another, as is leaving the documents with a family member in circumstances where personal service is proving difficult.

    The solicitor acting for your friend will know best how to serve the documents to the satisfaction of the court involved.

    It is however usually much better for all involved if they could resolve the matter between themselves however.



  • Registered Users Posts: 8 monkey1234


    Thank you for the detailed reply



  • Registered Users, Registered Users 2 Posts: 2,344 ✭✭✭NUTLEY BOY


    If this refers to the respondent's solicitors why can't they be given authority to accept service on behalf of their client. It almost sounds like someone trying to be difficult.

    Generally, where parties make it hard for proceedings to be served on them the other side can make an application for an order for substituted service.



  • Registered Users, Registered Users 2 Posts: 6,306 ✭✭✭Claw Hammer


    It often happens. Until a solicitor comes on record they can't be made accept service of proceedings. If people want to be awkward they can be. It is a waste of money in may cases but that is litigation. If someone goes to ground, it can be an expensive process serving papers on them.



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