process serving

ABOUT

WHAT IS PROCESS SERVING?

You need a discreet, professional, experienced team

In New Zealand all parties facing legal action or named as a defendant in any legal proceedings must be notified.

This notification is known as service of process.

Depending on the nature of the case, the court documents may need to be personally delivered by hand (usually by a predetermined date set by the court) allowing a suitable timeframe for the recipient to respond.

In addition to delivering the documents the process server must first get the recipient to acknowledge their identity, and in many cases get a signed proof of service.

In New Zealand there are very specific rules for serving documents and these vary slightly from court to court. Understanding the Ministry of Justice rules is critical to ensure your documents are served correctly and that the service will stand up in court of required.

Process Serving Frequently Asked Questions

What is an affidavit of service, and do I need one?

An affidavit of service is a document provided by the process server that states the pertinent facts of the service including name of recipient, date and time of service and name of process server who served the documents. It will also state the case number and the court where the matter is being heard. In the case of a non-service, an affidavit of service attempts (our due diligence) can be provided, which outlines all the steps taken to effect service.

Determining whether an affidavit of service is required is up to issuer of the documents. As a rule of thumb you usually need an affidavit of service for family and high court proceedings, and some civil court proceedings. Property Law Act notices do not always require an affidavit, nor Statutory Demands. But again, this is completely at the discretion of the issuer.

The good news is, if you decide at a later date that you do need an affidavit of service, we have all the service details stored in our serve management system, so this can be done at any stage.

We have an expert our in-house admin team who can professionally prepare your affidavit of service to meet your legal requirements – and save you time.

I have documents to be served, but no address - can you help me?

What happens if the person refuses to accept the documents?

What happens if you cannot find the person, or they are evasive?

If we are unable to locate a person or they actively avoid being served, i.e. refuse to open the door at home, then other types of service may need to be considered.

One option may be to apply to the court for an order for service by another means. This is known as substituted service and can include service by email, social medial, or by delivering the documents to another family member. In most cases this is completed by the lawyer managing the case, or it can be done by the applicant in the case of a dissolution of marriage.

If you are considering engaging a process server, you want to know that they will keep a thorough history of all service attempts – in the event that an application for substituted service is required. And even better, if they can prepare this information for you, this will make the application for substituted service straight forward.

How long will it take to get my documents served?

Once we receive a job we get it loaded into our serve management system and out for service with our team. The first attempt is usually within the first 24-48 hours, and service is in many cases effected after one or two attempts. There are a variety of reasons why it may take longer. The person may be away on holiday, they may not be at home very often i.e., staying with a partner, they may also be purposefully avoiding service. In this case we may need to look at some other options to effect service. We have a policy of keeping you informed every step of the way, and if any issues do arise, we can agree on the best course of action.

ADVANTAGES OF USING A PROFESSIONAL PROCESS SERVER

SERVE CORRECTLY FIRST TIME

A good process server will ensure documents are served correctly in accordance with court rules. i.e., legal documents must be served on appropriate days & at specific times.

AVOID AWKWARD CONFRONTATIONS

Often a respondent will appreciate an impartial third-party person serving them rather than a family member, ex employer, ex staff member, landlord or tenant.

IMPARTIAL TO THE PROCEEDINGS

Process servers are not party to the proceedings in question and have no vested interest in the outcome. Therefore, all parties are treated equally, animosity avoided.

WE UNDERSTAND NZ COURT RULES

Process servers understand the various and often complicated rules of process serving. e.g., company serve vs personal serve.

CAN HELP LOCATE INDIVIDUALS

Process servers have access to tools and networks to locate subjects (i.e., property searches, database searches), and knowledge to make wide ranging trace enquiries.

NETWORK OF AGENTS

Have access to a wide network of other process servers both, nationally and internationally, thereby being able to easily get papers served in other jurisdictions.

WHY WORK WITH US?

For over 30 years Docuserve NZ has been serving legal documents for...

- solicitors, law firms, banks and finance companies
- government agencies and the private sector

We understand that we are acting as an extension of you, therefore take all steps necessary to ensure you and your organisation are always represented in a professional manner.

With a ‘back to basics’ set of values when it comes to ethics and standards, we operate professionally, discreetly and respectfully.

A Shinkarenko

Barrister

"I thought I would send you a quick follow up to thank you for an excellent service! I will most definitely use your services again in the future. I have received a prompt notification once the service was completed and everything appears to be in order."

Carolyn

Auckland Furniture Store

"Thank you for your help. You guys were wonderful."

S Hiku

Legal Executive

"We have used Docuserve as our process servers for many years and have always found their service to be very professional and efficient. We are provided regular updates as to how service is proceeding and once it has been completed. Karl and Kathryn are a great team to deal with."

M Allan

Barrister

"Thanks for providing such great service Kathryn, I’ll definitely be instructing you in the future."

L Gallagher

Private Service, Dissolution of Marriage

"Wow can’t believe how easy and quick this was. Thank you so much Kathryn for all of your help and insanely efficient service we truly appreciate how easy and friendly you were to deal with."

A Sirimanne

Senior Associate, Solicitor

"Many thanks for being so accommodating with the quick turnaround."

B Kaino

Private Service, Dissolution of Marriage

"Thank you Docuserve. Appreciate all your help and the great service."

L Ponniah

Solicitor

"I must say that it was a pleasure dealing with Karl. He was easy to communicate with, he understood and executed the instructions and achieved the desired outcome. Please pass on my compliments."

M Facoory

Private Service, Dissolution of Marriage

"Hi Docuserve. Thank you very much for your services! I look forward to using your services again."

P Cobcroft

Barrister

"Thank you for your efficient and professional service!"

J Delaney

Barrister

"That was a wonderful service, thank you Kathryn."

E Barley

Solicitor

"Thanks for the great service. Many thanks to you and your team, and to Karl for being my legs yesterday afternoon."