If you are thinking about engaging a process server here are the answers to a few questions we get frequently asked that may help.
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.
What happens once my documents are served?
The service details are logged in our serve management system and you will be sent a notification. This will include time and date of service, the service address, and who served the documents.
If you require an Affidavit of Service we have an in-house team trained to draft them in accordance with court requirements.
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 the name and address 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.
Do you serve Trespass Notices?
Yes. Our service includes the service of the Trespass Notice and lodging the confirmation of service with the Police. To help us with service it is preferable to have a photo of the intended recipient, and we need a brief explanation of why they are being trespassed to include in the “Details of Trespass Notice” Form that we lodge with the Police.
Can you help me serve my dissolution of marriage documents?
Yes, we have extensive experience serving divorce papers. We work closely with the dissolutions team at the family court and are very familiar with their process and requirements. We understand the paperwork (it looks more confusing than it is!), and our specialised service includes completing as much of this as possible for you, and we can guide you where necessary.
More information on serving dissolution of marriage documents.
can you serve documents on public holidays?
In New Zealand each court has its own rules for document service, and the rules are different for serving an individual or a company. As a general rule you cannot serve an individual on a Sunday, or a Public Holiday. Companies can only be served on a working day between 9-5. For more details check out our article on this topic: …
I have documents to be served aND A PHONE NUMBER, BUT NO ADDRESS – can you still help me?
Yes, in some cases a simple phone call is all that is needed to get a respondent to come forward and agree to meet with us and accept service. Legal documents for an individual can be served anywhere, as long as they are served personally – by being handed directly to the intended recipient. They do not necessarily need to be served at the recipient’s home address. In some cases, the recipient may not want the applicant to know where they live, so we can arrange to meet at another location of their choice, i.e., at a local mall.
If the person does not want to meet with us, or purposely avoids us, then we may need to look at some other options to find and personally serve them.
I have documents to be served, but NO address – can you help me?
Yes, we have resources that we can use to make enquiries to locate a home or work address for a person. The course of action we take will depend on the information we have to start with.
What happens if the person refuses to accept the documents?
It doesn’t happen very often, but there are the odd instances where a person decides that they do not want to be served. In these cases it helps to have a photo of the recipient. Even if they refuse service, as long as we can identify them, we can still serve them by placing the document at their feet and bringing it to their attention.
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.
I have heard of documents being served by Facebook – do you do that?
Before you can serve documents on Facebook you will need an order from the court, known as an Order for Substituted Service. The court may grant one if attempts at personal service have failed, or in some cases if the person is in a foreign country and personal service is simply not an option. The court will usually require evidence that the Facebook account is in fact that of the respondent and that the account is actively being used.
Docuserve has a business Facebook account that we can use to serve documents. In our experience this method of service is used mostly for dissolution of marriage and family proceedings. However, we have also served civil proceedings via this method.
Once we have served the document, we draw up an affidavit of service, exhibiting relevant screenshots highlighting the recipient’s profile, and the time and date the document was sent.
Can you serve documents BY email?
Yes, we can. However, we would only do this under instruction from our client. In most cases personal service is the courts preferred method of service and is usually why a process server is engaged. We can, if required, serve by email, and we also have an eService tool that allows us to track if an email is received and if the attached document was opened. We can also see the IP address of where it was opened for added accountability and transparency.
What services do you offer?
Process serving: it is essential to get your documents served right first time. Our team are experienced in all aspects of process serving and are fully versed with the rules for serving both individuals and companies. We also have experience serving documents via Facebook and email.
Field visits: Our field visit service is tailored to individual clients needs and is utilised for many reasons. Including discussions with debtors regarding outstanding debts, confirming the location of a person of interest, occupancy reports, to deliver notices and other legal correspondence when service is not required.
Court document filing: If you have an urgent matter that requires filing at the high or district courts we can assist. Our team know their way around the courts and what is required.
Trace enquiries: Our team has access to various resources to locate an individual’s whereabouts. If you need to find a debtor, witness, or respondent we can assist.
Document retrieval: For large or urgent document deliveries we offer a collection service. Please call us to discuss your requirements.
Professional affidavits: Our in-house admin team will draft affidavits as required that comply with court requirements. Including standard affidavits of service, and affidavits supporting an application for substituted service.
CAN YOU HELP ME serve someone overseas?
Serving someone in a foreign country sounds difficult and complicated, but it doesn’t always need to be. Technology and the ability to email a document around the world in seconds has certainly speed up the process. But international treaties may apply, and some countries have stated that they object to some commonly used service methods.
We have experience serving documents in a number of countries including, but not limited to, Australia, United Kingdom, Hong Kong, Fiji, Samoa, Tonga, USA and Canada. Some countries, where English is not the first language are more difficult, as documents may need to be translated. Pricing varies extensively from country to country. Usually based on the location of service, a rural delivery will be more expensive than in a main city. If the person being served decides to be evasive, or we need to make enquiries to locate their address this may add extra costs to the account.
How do I send you my documents?
If you require urgent service we recommend you email us your documents. This is the fastest and safest method. For large documents we may change for printing, but the cost may be less than a courier, and it will ensure your documents will be prepared for service and delivered as quickly as possible. For urgent matters we can sometimes collect documents, call us to discuss this option.
Post: Docuserve NZ Ltd, P.O. Box 71063, Rosebank, Auckland 1348
Collect: Or we can collect Auckland wide
What information do YOU Need to get started?
DOCUMENT/S TO BE SERVED
We load each job into our serve management system, prepare and send the documents out with one of our team for service.
INSTRUCTIONS FOR SERVICE
Let us know how you want the documents served…
Individual – do you want the recipient served personally?
Company – can the documents be affixed if there is no one there?
ADDRESS/S FOR SERVICE
Please note that rural addresses may incur mileage.
Send us anything else that may assist us in locating the recipient. i.e. phone numbers, photo (if available), place of work.
Why should I choose your company?
Yes… we have been serving legal documents for solicitors, law firms, banks, finance companies, government agencies and the private sector for over 30 years.
Yes… we understand the importance of investing in technology, to ensure accountability and transparency for our clients.
Yes… we are willing to go the extra mile to get it done.
But more importantly… we believe we offer a fast, efficient, and reliable service that our clients can count on and trust, every time they use us.
Talk to us today about how we can help get your documents served.