Statutory Demands

Enquiry Agent Serving a Demand

We get a steady stream of Demands to serve on Individuals and Companies – If clients send us a fairly regular stream of serves we can offer discounts and “Set fees”.

On a good day and evening you can get around several addresses inside and outside your district. If you get the demands for individuals served on the first visit, things can be very profitable, especially if you can squeeze in a few other serves at the same time.

Fortunately, in the case of: Statutory Demands (Unlike other service documents), if you miss the person to be served on your initial visit, but, their residency is confirmed by a neighbour or a member of the household you can send a letter of appointment to the person to try and arrange a convenient time to serve the document. If the debtor fails to respond the demand can be posted through the letterbox (In a fully addressed, sealed envelope) at the appointed time…still profitable…

So, I am going to deliver a Statutory Demand to a Limited Company, who owes money to a supplier…

…I size up the assignment and a quick check of Open Source information available on the web tells me that the Limited Company is a Restaurant. I note down the opening times and decide to go at: 16.30 hours (Opening time), on a working day (Monday – Friday). I decide to place the service document into an unsealed fully addressed envelope and tucked it into my inside jacket pocket…

By the way, never deliver a sealed envelope unless you know the details of the service documents contained therein – how can you produce an accurate proof of service if you haven’t actually seen the documents you have served?

In this case, no copies of the documents have been sent up and the last paragraph of the letter of instruction states that no Affidavit, Statement of Service or any Proof of Service is required (Hence no copy documents), presumably they will ask for the proof of service if the matter is ignored, at some point, further down the line…

As I enter the restaurant three or four customers are being seated, I am approached by a smartly dressed waiter who has assumed I am a customer… I ask for the manager and the male I have encountered looks quizzically at me and affirms that he is the manager. I take his name and ask him if he is authorised to accept documents on behalf of ……… Ltd………he answers in the affirmative.

I then explain in a calm, low, voice that I have some legal papers to leave with him. He asks what it is all about and I mention the name of the creditor I set into my memory when I placed the demand into the envelope. He recognises the matter and takes the envelope from me.

The art of process serving is a complex one, but, keeping all your customers happy is the ultimate aim. Discretion can be the better part of valor and if those seated around us saw a well-dressed customer pass over an envelope and everybody is relaxed and happy then you have done your job!

Digiprove sealCopyright secured by Digiprove © 2016 Kevin John Regan

2 Comments

  1. Very interest blogs with lots of good information

  2. Nice one Kevin 🙂

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