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Licensed Process Server

  • 24-02-2022 11:16am
    #1
    PalLimerick
    Registered Users, Registered Users 2 Posts: 497 ✭✭


    What powers if any does a licenced process server in Ireland have? Can they call to your workplace? Are they allowed to enter your home? Can you tell them your property is private and you don't want them on it?



Comments

  • #2
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,989 ✭✭✭✭Peregrinus


    We don't have licensed process servers in Ireland; anyone can serve a court process. They have no special powers, but are subject to no special restrictions. Yes, they can call to your workplace; anyone can. Whether your workplace admits them or not is up to your workplace. They can only enter your home by your invitation, but they can call to your home just like anyone else can. You can ask them to leave and they will, but if they haven't seen the person they are looking for they can come back another time.

    You have your usual rights, but you shouldn't exercise those rights with the intention of stopping them from serving the process - that's abusive, and in an extreme case could be a contempt of court. In general, remember, the court wants its process served and doesn't like court business being obstructed or delayed, so if matters escalate to a point where you are hauled into court over how you have handled the attempts to serve process, you will have a torrid time. But I should say that it rarely gets to this point.



  • #3
    PalLimerick
    Registered Users, Registered Users 2 Posts: 497 ✭✭PalLimerick


    https://www.boards.ie/discussion/comment/118689159#Comment_118689159

    Thanks for your reply. There is a document being served on a family member. They received a letter from a licensed process server, I just thought that was odd and we didn't have them. The document is arranged to be picked up from the original party that issued it. Thanks for your reply.



  • #4
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    Peregrinus said:

    You have your usual rights, but you shouldn't exercise those rights with the intention of stopping them from serving the process - that's abusive, and in an extreme case could be a contempt of court. In general, remember, the court wants its process served and doesn't like court business being obstructed or delayed, so if matters escalate to a point where you are hauled into court over how you have handled the attempts to serve process, you will have a torrid time. But I should say that it rarely gets to this point.

    Bill Cullen ('The Irish Apprentice' TV series) was famous for dodging the service of any type of official document when his businesses went belly up and I don't recall that he ever suffered any sanction as a result.

    The court heard three unsuccessful attempts had been made to serve legal proceedings on Mr Cullen at his Sallins home last month before the bank got leave to serve the legal documents by post.

    https://www.independent.ie/irish-news/courts/bill-cullen-agrees-to-8m-judgment-over-unpaid-loans-28895560.html



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