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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I wish to sue, in the Small Claims Court, a gentleman by the

Resolved Question:

I wish to sue, in the Small Claims Court, a gentleman by the name of Laurence Kerans. I wrote to him initially making a the claim but he tells me that the letter I sent him was forwarded on to his new address, which I do not know.

1. Can I give his address for service as his old address?
2. Can I give his address for service as his place of work?
3. Is there any way I can ascertain his new address?

Tony Blok
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What have you tried so far?
Customer: replied 3 years ago.

Nothing. I am waiting for your answer.

Expert:  Jo C. replied 3 years ago.
Thanks.

On your specific points

1 You can use his last known address for service.

2 You can use a place of work for service.

3 You can always use a tracing agent to track him down. Usually they can find people within 24 hours or thereabouts for generally under £100.

You should bear in mind that although you can use these locations for service he could always try to get judgment set aside if he doesn't get the summons so its worth making efforts to find him.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.


Many thanks, Jo.


 


Is it possible to arrange for the Court to serve him at his (old) address and at his place of work?


 


Tony

Expert:  Jo C. replied 3 years ago.
The court will only serve documents at the address on the record and review serve it at work, unless it is served on him personally, there is no guarantee that he will get it. I would not recommend that you serve proceedings at his workplace unless it is in respect of an attachment of earnings order when you come to enforce the judgement at a later stage.

If you use a tracing agent to find him, you can add that cost into your claim.

It is certainly worth while trying to locate him

Customer: replied 3 years ago.

Thank you for your help.


 


I do have his E Mail address. Can this be of any assistance in the service of proceedings?

Expert:  Jo C. replied 3 years ago.
No, you need a physical address.
Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.


OK, But if I were to serve him at his last known address, text him to tell him I had served the proceedings upon him at his last known address, and actually E mail all the proceedings to him, would this not help?

Expert:  Jo C. replied 3 years ago.
Well, only in that it would be harder to deny receipt.

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