Service of process (Prisoners)

Service of process (Prisoners)

We recently were instructed to effect service of a Statement of Claim issued out of the NSW Local Court on an individual who is an inmate at a correctional facility in NSW.

The instructions indicated that the Defendant had a history of avoiding service when he was living in society and whilst you would think that a person is unable to evade service whilst in custody, the facts are, they can choose not to make themselves available for service simply by not agreeing to a visit by a process server.

The good news is that Part 10, rule 10.25 (1) of the Uniform Civil Procedures Rules 2005 (NSW), allows for personal service on an inmate to be effected by leaving a copy of the document, at the correctional centre at which the inmate is held in custody, with the general manager of the correctional centre.?Other rules in other states have similar effect allowing personal service in a number of different ways which can include serving it on the person in charge of the prison in which the prisoner is imprisoned.?There are, however, other States that do not include this method of personal service for a prisoner.

It is important to ensure that when engaging a process server to effect service on a prisoner, that the process server is aware of the required procedure in the relevant jurisdiction.?Also, from a practical perspective, when attending to service under Part 10, rule 10.25 (1) of the Uniform Civil Procedure Rules 2005 (NSW) or equivalent rule in other state jurisdictions,?it may be prudent to consider contacting the General Manager at the correctional facility to advise them that your agents will be contacting them to effect service. This pre-emptive approach will often pave the way for your process server to effect service more efficiently and remove any barriers and/or delays.

If you would like to discuss how we can assist you with your process serving needs, feel free to contact me at [email protected] or 0481 262 942.

Michael Sharpe

Director / Board Member

3 年

Another informative article.

要查看或添加评论,请登录

Alex Caruana的更多文章

  • Demystifying Debt Collection: An Overview of the Australian Market

    Demystifying Debt Collection: An Overview of the Australian Market

    The Australian debt collection industry is a critical component of the national economy, providing essential services…

  • How Credit Collection Services Group (CCSG) Eases Financial Hardship

    How Credit Collection Services Group (CCSG) Eases Financial Hardship

    In times of financial hardship, individuals often face overwhelming challenges. At Credit Collection Services Group…

  • Take notes - Its Important

    Take notes - Its Important

    Your teams telephone technique is spot on, they have overcome any objection to the payment of a debt and now an…

    2 条评论
  • Overcoming Objections to Debt Payment: Strategies for Efficient Resolution

    Overcoming Objections to Debt Payment: Strategies for Efficient Resolution

    So you have now mastered your telephone technique, but how do you overcome an objection to the payment of a debt where…

  • Effective Telephone Technique

    Effective Telephone Technique

    Effective Telephone Technique In the realm of debt collection, effective telephone techniques can be the difference…

    4 条评论
  • Pre-Litigation - Due Diligence

    Pre-Litigation - Due Diligence

    The question of whether to commence or proceed with litigation, often comes down to a number of factors. These include…

    2 条评论
  • Reconnect with a Field Call

    Reconnect with a Field Call

    What activity makes your customers respond to the payment of overdue debts? We know that methods like sending a letter,…

    1 条评论
  • Process Serving + DebtCol Software

    Process Serving + DebtCol Software

    The proper service of process is one of the most important components of the legal process. If service is not proper…

  • KEEPING HOUSE (PROCESS SERVING)

    KEEPING HOUSE (PROCESS SERVING)

    Are you a process server or do you issue instructions to a process server. During this current climate, you may find an…

    15 条评论
  • DebtCol - COVID-19 (Corporate Response)

    DebtCol - COVID-19 (Corporate Response)

    DebtCol Software takes the safety, health and wellbeing of our staff and clients seriously. As such we have reviewed…

社区洞察

其他会员也浏览了