Small Claims Court Question?

Keeley_p_2

Hi everyone!

Firstly, I think I've posted this in the wrong place, so feel free to move it!

I'm in the middle of a small claims court claim against an ex-flatmate of mine, and I got a letter today stating that "they have been unable to serve...tried twice by recorded delivery and the last was returned by the Post Office, marked "Gone Away"."

Now the address I sent the summons to is her parents address, and I know that she's still living there. I think that her parents have just sent the summons back to avoid the court case. The court is now asking for another address for her, which obviously I don't have, or I have to drop the case.

Is this right? It seems far too easy for people to get out of things like this if they just send the summons back?

Any advice would be welcome, I'm a bit of a newbie! :cool:

Keeley

DVardysShadow

Difficult one. Do you have evidence she is living there? Could you go with a friend and spot her going for work? I think if you did and friend was willing to provide a statement, you could submit this to the court and maybe continue your case in her absence?

Keeley_p_2

Its an idea!
I've spoken to the court today, and they've said they can send the court officers round, but again they have to take the word of whoever answers the door.
I'm just dumbfounded its so easy to get out of this!!

Tozer

Tell the Court they can serve at the last known address. They should know this.

Keeley_p_2

Can they? Thats brilliant, thanks very much!

wannabe_sybil

You can serve the papers yourself and then file an affidavit of service at the court (the court should be able to explain the exact procedure, provide the form for the affidavit and take the oath).

I think the summons is only 'live' for a short time. It is many years since I worked in the courts, so this is worth checking, but they only used to be live for four months and then if you failed to serve before that time is up then you either have to issue a fresh summons or apply to have a new one reissued, giving reasons for failure to serve and why you think you can serve now. If it is getting to the end of that time then you can ask the court to reissue the summons and that gives you a bit longer to try and get the papers served.

It is a long time since I worked in the court, and I may have got it muddled, but I think it is worth giving you a heads up so you can check with the court staff. They aren't supposed to give legal advice or suggestions but they can give you information on procedure.

Good luck.

Keeley_p_2

Thanks very much for that, the more options the better, I really don't want to let this drop! lol

Vomityspice

The rules for service are in the Civil Procedure Rules (CPR)

Have a look at

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part06.htm

and

http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part06.htm

Tozer

Vomityspice wrote: »

The rules for service are in the Civil Procedure Rules (CPR)

Have a look at

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part06.htm

and

http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part06.htm

That's useful and confirms what I said:

Nature of defendant to be served

---

Place of service
1. Individual

---

Usual or last known residence.

Keeley_p_2

Thanks again everyone! Honestly, if it wasn't for this site, I'd be totally stuck.

You guys rule!! :beer:

Keeley_p_2

A random thought, this is all happening in Scotland, I'm guessing the rules are the same?