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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have an N39 (Order to attend court ) document

Customer Question

I have an N39 (Order to attend court for questioning) document to serve on a debtor for whom I was awarded a judgement. When I confront him, if he refuses to physically accept the document, am I allowed to attach it to his door? Is there another course open to me in this situation?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Yes you can attach to the door or post. But all he needs to do is see it, thats it. If he refuses to accept it you can apply to the Court to dispense with personal service.
But as long as he knows what it is thats enough. Just knock the door, hand him the paper and dont' tell him what it is.
Or just use a process server to serve it for you.
Can I clarify anything for you about this today please?
Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Many thanks for your prompt response.

I believe that, upon service, I need to provide an affadavit to the court by way of confirmation. Does your reference to 'dispensing with personal service' mean that a specific application would need to be made, separate to or instead of the affadavit?

Expert:  Ash replied 2 years ago.
Yes it would need to be an application specifically to dispense with the need for personal service.
Alex
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.

The answer was sufficient and I can confirm that I have now successfully served the notice (actually without issue).

(I did already rate this service. Apparently to do so again would require a further payment)

Expert:  Ash replied 2 years ago.
Good luck! No need for further payment.
Alex