Got The Court Forms Back And Am Not Sure About Serving The Papers

[cassa333]

I applied to the court N316 and EX 140 for the ex tenants to provide details of their means to pay the second of the money orders I have against them.

I thought they would have been sent to them by the court but the letter says I have to serve them N39 and a copy of N316 personally and can't give them to someone else to serve or post them through the letterbox.

It also says I have to give the court a a copy and a signed affidavit EX550

Why is it so complicated? Why don't they just send them?

[cassa333]

Just had a look about and it does have to be served either by me or a bailiff or such like.

However there are two debtors. They are married and live together. They have different ***.

My next question is can I serve them both to the first one who answers the door or do I have to serve them both individually?

Thanks

[Peter Pedant]

because some people just say they havent received diddly squat ever
( as I said to one in court - but that is not true - you have turned up today in court!)
and there is this runaround so that when they turn up in court and say...

the judge can still go on and hear the case....

My moronic ex tenant who I took for £600 rent arrears watched it balloon to £2,000 in costs
has just gone under in the sum of £29 000. ( clearly not all my money)

[Peter Pedant]

both individually
unless they have nominated someone else to receive them

[EDDIE51]

It is because you have to be able to stand up in court under oath and swear that you delivered the court papers to them. The tenants can not then say they did not get them.
People in that situation often say they never got the papers even if recorded delivery by the post office was used. Personal service removes all dought.

[cassa333]

I can see the need for making sure the papers are properly served but I suppose in theory (and I'm sure some LL have done this) the LL couldnlie and say they served the papers. Who, other than the lieing tenants, can say otherwise?

[Peter Pedant]

lying in court is by no means rare

29k ran " she paid, she hadnt paid and she didnt owe it" all at the same time - the rules allow her to but I wasnt short on pointing it out to the judge.

[EDDIE51]

Your serving the papers and the affidavit means,the ex tenants can not just claim that they did not get served with the papers, they would have to PROVE they were not served with them and that therefore you were lying under oath , which of course means proving you committed perjury. ( which of course you did not)

[cassa333]

Bit of a pain to get them to answer the door let alone both come to the door.

Also the letter from the court said I don't have to attend the hearing. Will I be allowed in if I turn up as well?

Or will they make me sit outside?

[EDDIE51]

^ I have been wondering what would happen if they just refused to answer the door? How could you serve the notices then?

[cassa333]

OK here's a suplimentary question to serving the N39 forms.

Should I just turn up on their doorstep or let them know I'm coming round to give them papers?

Last time I went to give them papers they didn't answer the door, but it wasn't essential I serve them personally. These have to be though. Is it worth prewarning them that if they refuse to cooperate I will inform the court they are being obstructive and they will have to take the consequences. (If any!!)

[Peter Pedant]

turn up and dont give them notice !

and yes if necessary get a friend to knock
and hide around a near corner
( yep done that as well - with serial non responders)

[Peter Pedant]

// I have been wondering what would happen if they just refused to answer the door? How could you serve the notices then?//

I got a neighbour to ring me when he came in ( 'he has not paid for three months' was persuasive)

thing is these people dont realise what a pain in the behind a CCJ is - until their credit dries up .....

[cassa333]

Have decided to get the papers delivered by a company that specialises in serving court papers.

An extra £102 but at this point it is more about their accountability than anything else.

[cassa333]

Surprise surprise they couldn't serve the papers as no one would answer the door.

What do I do now?

Pay court fees and serving fees again to do the same thing? Or is there something else I can do now?

[cassa333]

Servers told me that they put a letter through their door with an appointment to return... but they were either not in or didn't answer the door.