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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8960
Experience:  I have been practising for 30 years.
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I'm the claimant in case where someone owes me money, I've

Customer Question

I'm the claimant in case where someone owes me money, I've sent the particulars by record next delivery, the defendant has refused to accept the particulars. What happens now?
Submitted: 6 months ago.
Category: Law
Expert:  F E Smith replied 6 months ago.

The situation now is that he has not been served the papers. Send them again by first class post but take them to the post office counter and ask for proof of posting. The documents will then just dropped through his letterbox and will be validly served.

This is very common with recorded delivery documents in the deviation and is one of the reasons why there is no legal provision generally for documents to be served by recorded delivery.

Can I clarify anything for you?

Please rate the service positive. It doesn’t cost you anything but helped me greatly.

We can still exchange emails. Best wishes. FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8960
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 6 months ago.
I spoke to the Court and sent the documents again, but this time if the Defendant rejects them then the I am to report back to the Court and the Court will take action against the defendant.
Expert:  F E Smith replied 6 months ago.

Unless he boards up the letterbox, they will just drop onto his mat. If he then put them back in the post to you, marked “return to sender” or suchlike, he has still had the document as far as the court are concerned.

If the court will assist you, so much the better.

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