Correct Address?

MidlandsM

If an individual retains the services of a Solicitor and they send a Solicitors letter to another individual, how important is it to have their correct address?

or will a "near as can be gotten" address be used knowing that it'll probably reach them anyways?

littlemac1980

I think you've answered your own question.

One can only send a letter to an 'as near as can be gotten' address, always.

littlemac1980

Although I should add ( as my first response was a bit cheeky and of no real value ) that it would be very important that the solicitor is certain that should they use a 'near as can be gotten' address, that this is the correct and that the intended recipient is the only person who will receive the letter, else they may breach a duty of confidentiality to their client or potentially attract liability for defamation if they makes allegations against another individual, but recklessly or negligently make them to a third party. So for example it wouldn't be sufficient to rely on the fact that a particular person was known to rent a certain apartment 2-3 years ago, and use that address without checking it was still current. That would be my take on it anyway, If there are any solictiors on here, I'm sure they could give you a more accurate answer.

MidlandsM

Good answer, and to be honest, how can anyone be called to court if they're name and address was incorrect and there's no way knowing they got letters/summons?

Whats the legal standing on this?

littlemac1980

Well as far as i know, the only time that might arise, (though I stand to be corrected) is at an early stage of a criminal matter or for minor summary charges.

I think it is quite common in the district court for non-receipt of a fixed penalty notice or the like, to be put forward as a defence, and as far as i know, in the absence of contradictory evidence many judges will accept that evidence from the defendant, in respect of those type of minor offences.

When it comes to most civil cases though, I think there is generally a lot more correspondence that is required to take place between the parties, being the exchange of pleadings, summons, defence etc., so that it would be very unlikely, and perhaps in most cases impossible to end up in court without first having confirmed the correct address of the defendant, unless one might be seeking an order of Judgment in Default of Defence or something of an equivalent nature.

blueythebear

MidlandsM wrote: »

Good answer, and to be honest, how can anyone be called to court if they're name and address was incorrect and there's no way knowing they got letters/summons?

Whats the legal standing on this?

An appplication can be made for substituted service. In general a solicitor must attempt to personally serve a summons on three occasions and must outline these atempts in an affidavit. In addition they must outline why they are of the view that this is the correct address.

Once the judge is satisfied that all reasonable attempts have been made to serve the document(s) in question he will grant an order for substituted service which will allow the case to proceed in the defendant's absence.

Basically, a defendant cannot avoid service of court papers by ignoring registered post and by not answering the door to strangers.

Victor

have someone call to the address or send a package* (not a letter) via registered post to check if they still live there.


* All you want them to do is have enough interest to go to the post office to collect it. Some people avoid collecting letters if they are expecting legal stuff.

Our man in Havana

Some people avoid signing for registered post altogether.

Victor

Our man in Havana wrote: »

Some people avoid signing for registered post altogether.

Sure, but parcels can catch cats.

newmug

blueythebear wrote: »

An appplication can be made for substituted service. In general a solicitor must attempt to personally serve a summons on three occasions and must outline these atempts in an affidavit. In addition they must outline why they are of the view that this is the correct address.

Once the judge is satisfied that all reasonable attempts have been made to serve the document(s) in question he will grant an order for substituted service which will allow the case to proceed in the defendant's absence.

Basically, a defendant cannot avoid service of court papers by ignoring registered post and by not answering the door to strangers.

Thats bloody scary! So if for whatever reason you did not recieve your legal papers (off on a round-the-world trip, for example), you can have a case proceed against you without being able to defend yourself?

Our man in Havana

It would certainly appear to be the case for civil cases.

blueythebear

Our man in Havana wrote: »

It would certainly appear to be the case for civil cases.

Yeah, sorry that's for civil matters only. The OP referred to solicitors letter so I presumed OP was talking about civil matters.

littlemac1980

It does seem to be the case however, that in order for the judge to be satisfied that all reasonable attempts have been made to personally serve a particular person, that the solicitor would have to have very strong reasons as to why they believe that the place where those three attempts took place is in fact the correct address.

It's highly unlikely anyone would take off on an international trip for a prolonged period of time without considering the necessity to forward their mail.

The power to grant that type of application appears to be to enable a plaintiff proceed with a case where the defendant is deliberately and positively avoiding acceptance of service.

I don't have any practical knowledge of the type of circumstances these type of applications have been granted by a court, maybe my opinion is incorrect.

FreudianSlippers

littlemac1980 wrote: »

It does seem to be the case however, that in order for the judge to be satisfied that all reasonable attempts have been made to personally serve a particular person, that the solicitor would have to have very strong reasons as to why they believe that the place where those three attempts took place is in fact the correct address.

It's highly unlikely anyone would take off on an international trip for a prolonged period of time without considering the necessity to forward their mail.

The power to grant that type of application appears to be to enable a plaintiff proceed with a case where the defendant is deliberately and positively avoiding acceptance of service.

I don't have any practical knowledge of the type of circumstances these type of applications have been granted by a court, maybe my opinion is incorrect.

Yeah, for the most part you have to jump through quite a few hoops to get substituted service. It's not extraordinarily difficult, but procedural.

Our man in Havana

I has a hypothetical question regarding service of documents.

Lets take for example someone who posted back the keys to the bank and left no forwarding address. The bank obtain a possession order by nailing the summons to the door of the house. Can they get subsequent judgements by using the now repo'd house as the last address of the person knowing full well they don't live there anymore?

FreudianSlippers

Our man in Havana wrote: »

I has a hypothetical question regarding service of documents.

Lets take for example someone who posted back the keys to the bank and left no forwarding address. The bank obtain a possession order by nailing the summons to the door of the house. Can they get subsequent judgements by using the now repo'd house as the last address of the person knowing full well they don't live there anymore?

I don't think any Judge would deem that service good.