Legal Question in Credit and Debt Law in Australia
hi i am in a situation. my mother received a letter stating that i have been served and must go to court. now my mates name is on it as well as mine but his parents keep slamming the door on the guy that tries to serve them. What happens to him will he still have to attend court? he is also thinking about going ova seas avoiding the situation and leaving me with the problem but his name is on the letter.
1 Answer from Attorneys
1. You need urgent legal advice.
2. Personal service is not ordinarily effected by letter (unless a company is involved). So we presume that you have been given a copy of the documents (eg you were served by a process server separately).
3. Depending on the nature of the document that you have been served with it may be possible for the process server to effect service by leaving the documents in the presence of your friend's mother.
4. If your friend is difficult to serve an application may be made to the Court for substituted serviced which would not involve serving the documents but may involve posting the documents. This is an additional cost which the plaintiff will seek to have your friend pay.
For more information contact www.computerlaw.com.au
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