Serving an order to attend court for questioning

bargepole | 15:44 Wed 25th Apr 2007 | Civil

3 Answers

I need to serve an order (N39) on a debtor to attend court for questioning regarding his financial position.
I have received the relevant documents from the court.

Obviously he's got to be handed this in person, but what if he refuses to take it? Also as the document is being handed over do you have to state what it is? ie "This is an order to attend court for questioning" or can you just hand it to him without saying anything?

I know I have to swear an affidavit after it's been handed over.

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Stevee

I don't know the direct answer but common sense says it shouldn't be you who serves it. You should pay a third party baliff or someone that the court suggests.

Third party would ensure he couldn't say you were lying.

bargepole

Question Author

Thanks for the reply but really wanted to know the mechanics of serving the order.

It would not be economic to employ a bailiff.

Anybody lying would be committing perjury, a much more serious offence than the original debt.

madjack

Hi,
check that all the order is correct, put it in an envelope and simply touch him with it and walk away leaving it with him.

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