Serving legal documents is a critical part of legal proceedings, ensuring that all parties are properly notified of any actions against them. However, what happens if you cannot locate the person who needs to be served? This can be a challenging situation, but there are steps you can take to resolve it. This article will provide guidance on what to do if you are unable to find the individual, including legal options and how a professional mercantile agency, like Coastal Mercantile, can assist with
process service Melbourne.
Understanding the Importance of Proper Service
Proper service of legal documents is not just a procedural requirement; it is a legal necessity. In Victoria, the rules for serving legal documents are outlined in the Civil Procedure Act 2010 and the Magistrates’ Court General Civil Procedure Rules 2020. These rules state that documents must be served personally or, in certain circumstances, by substituted service. If the person cannot be located, it may be necessary to explore alternative methods of service, such as substituted service or service by post, provided these are allowed by the court.
Initial Steps to Locate the Person
1. Confirm the Last Known Address
Before taking further steps, confirm the last known address of the person to be served. Check official documents, contracts, or any other sources that might have their recent contact information. It is essential to ensure that all known addresses have been tried before considering alternative methods.
2. Use Available Resources
You can use online directories, social media, and other resources to try and locate the person. Sometimes, a simple search can reveal their current location. However, be cautious and ensure that the information is accurate and up-to-date.
3. Engage a Mercantile Agency
If your initial efforts are unsuccessful, consider engaging a professional
mercantile agency. They have access to resources and databases that are not available to the general public, increasing the chances of finding the person.
Legal Options When You Cannot Locate the Person
1. Substituted Service
Substituted service allows legal documents to be served on a person other than the defendant if the court is satisfied that this will bring the documents to the attention of the person to be served. This can include leaving the documents with someone at their last known address or workplace. The process for obtaining a court order for substituted service varies, so it’s important to consult legal advice or work with a professional mercantile agency to ensure compliance with the law.
2. Service by Post
In some cases, the court may allow documents to be served by post. This method is generally used when it is known that the person to be served regularly checks their mail at a particular address. As with substituted service, a court order is usually required, and it is crucial to follow all legal procedures.
3. Court Order for Dispensation of Service
If all attempts to locate the person have failed, you may apply to the court for a dispensation of service. This means that the court may dispense with the requirement for service altogether if it is satisfied that the documents cannot be served in any other manner. This is typically a last resort and requires thorough documentation of all efforts made to locate the person.
How Coastal Mercantile Can Assist
Skip Tracing Services
Coastal Mercantile offers skip tracing services to locate individuals who are difficult to find. Skip tracing involves using various methods, including database searches, social media, and field visits, to track down the person’s whereabouts. This is particularly useful when you need to serve legal documents but have limited information on the person’s current location.
Field Calls and Investigations
In addition to skip tracing, Coastal Mercantile provides field calls and investigations. These involve visiting the last known addresses and speaking with neighbours or other individuals who may have information on the person’s whereabouts. This can help confirm the accuracy of the information and provide additional leads.
Process Service Melbourne
Coastal Mercantile’s process service ensures that legal documents are served correctly and in accordance with all legal requirements. This professional service helps to avoid delays and ensures that your legal proceedings can move forward without unnecessary complications.
Choosing the Right Mercantile Agency for Your Needs
Finding and serving a person who cannot be located is a challenging task, but it is not impossible. By following the legal procedures, utilising available resources, and engaging a professional mercantile agency, you can increase your chances of successfully serving the legal documents.
For more information on how Coastal Mercantile can assist with process service or other services, please visit their website or contact their team today.
