Process Servers - advice please

pe11y

I have received a letter from what looks like a process server company saying they have been directed to serve me with a court order with a penal notice. They have given a date and time. Background is I was given a 'judgement forthwith' which I can't pay so this is obviously the next part of the process which is I'm in breach of a 'judgement'. But what is a penal notice

Could someone confirm whether process servers are like bailiffs
Do I have to open the door to them/be available - I have a DMP with the CCCS and they told me not to open the door to bailiffs.

Any info/advice would be appreciated.

Thanks

WRINKLES

a penal notice with a court order means if you dont obey the court then you can be commited to prison this is not about debt is it

WRINKLES

can you give any more info

nottoolate

http://www.hmcourts-service.gov.uk/infoabout/glossary/legal.htm

Penal Notice - Directions attached to an order of a Court stating the penalty for disobedience may result in imprisonment

pe11y

WRINKLES wrote: »

a penal notice with a court order means if you dont obey the court then you can be commited to prison this is not about debt is it

Yes it is - I posted an earlier thread about judgement forthwith if you search under my username pe11y you should find it. So I could be sent to prison????:(

WRINKLES

something is wrong somewhere you cannot be imprisoned for debt

WRINKLES

i would not open the door to anyone who calls either get an urgent apointment with citizens advice or see a solicitor as i said something is very wrong here

nottoolate

pe11y wrote: »

Yes it is - I posted an earlier thread about judgement forthwith if you search under my username pe11y you should find it. So I could be sent to prison????:(

sorry. didn't mean to panic you.

most likely the process server is going to serve you with an order to attend court for a "oral examination" and maybe produce some documents

basically a chance for the judge to question you personally about your means and see where to go

if so, it might be a good thing.

to refuse to attend an oral examination is technically contempt of court. you can be sent to prison for that, so is probably what the accompanying penal notice will say. not something to panic about

nottoolate

WRINKLES wrote: »

i would not open the door to anyone who calls either get an urgent apointment with citizens advice or see a solicitor as i said something is very wrong here

not directly for the debt. but if you disobey the court for something like attending to be examined, then that is contempt and technically you can for that. so so rare as to be nonexistant though

pe11y

The letter definitely says Court Order with a Penal Notice that needs to be served personally hence the time/date given - the letter came from a company called Davis Coleman. I'll call the CCCS on Monday but just wanted to know whether this had happened to anyone else and what advice they could give me.
Can Bailiffs issue you with the Court Order or is this company a process server (I've been googling hence the terminology)

nottoolate

try reading this

http://www.compactlaw.co.uk/tiscali/smcf10.html