Sharmans > Services > Process Serving & Legal Support Services
Process Servers and Legal Support Services in Brisbane, Sydney, Melbourne
Sharmans Investigations are a full-service process serving agency with a solid reputation for having a client-first, results-driven approach.
We have one of Australia’s largest agent networks, servicing all areas of Australia as well as international jurisdictions.
Our skilled and experienced Trace Specialists are located in Brisbane, Sydney and Melbourne, whilst our Process Servers and Field Agents are located across Australia. We offer same day collection and delivery services for urgent process serving matters.
What Do Our Professional Process Servers Do?
A process server can visit individuals and corporations to serve them with legal documents on behalf of lawyers, private companies, or individuals. Our team are fully conversant with the latest process service requirements across national court jurisdictions. Documents we commonly serve are, not limited to include:
Claims and Statement of Claims
Enforcement Hearings Summons
Civil Dispute Documents
In addition to serving legal documents, a process server can also be engaged by a client to provide the following services:
Repossessing a Motor Vehicle or a secured asset
Facilitating the possession of a residential or commercial property on behalf of a creditor
File court documents at the court
Attend an enforcement hearing to examine a debtor
Undertaking Field Calls for the purpose of collecting debts
Performing stock audits on behalf of creditors
Within Australia, Process Servers must:
- Be engaged by a client to act on their behalf.
- Be licensed within the state jurisdiction they are operating within.
- Undertake training and show competency and knowledge in various governing laws, rules, guides, and regulations.
- Must act honestly with integrity and respect.
To instruct us via our online portal, click above.
General Enquiry and Quote Request Form
Why Choose Sharmans Process Serving Service?
1) Affordable Pricing
Sharmans have very competitive rates. Pricing is based on service variations; type of documents to be served, degree of urgency or number of defendants to be served. We recommend obtaining a quote so we can correctly gauge the required service.
2) We Deliver High Success Rates
Sharmans provide clients with tailored, multifaceted and comprehensive services so you get the successful outcomes you want; faster.
3) Excellent Customer Care
Sharmans take a client-first, service approach to achieve results. Our Clients are given progress or difficulties up-dates, history of attempts to serve and/or service of the documents.
4) We are Obsessed about Quality
Sharmans uses an ISO 9001 Quality Management System to ensure continuous performance improvement, innovation and consistent quality of service.
5) We are educated, trained, and qualified
Our Managing Director and Senior Managers all hold bachelor’s degrees in law and justice with majors in investigations, policing and criminology. With a team that holds a combined 55 years of industry experience.
So don’t delay your results. Contact Sharmans for a competitive quote.
Process Serving FAQ’s
What Is a Process Server?
A process server is a person who delivers or “serves” legal documents on a person or company involved in a court case. The person or company being served can be the defendant, plaintiff or a witness. After serving legal documents a process server must provide proof that they have delivered the documents to the intended recipient by providing an affidavit of service. An affidavit of service is either sworn or affirmed by the process server and witnessed by an authorised witness such as a Justice of the Peace, Lawyer or Commissioner for Declarations. Process Serving laws differ according to the originating jurisdiction of the documents and who is being served.
How Is Process Serving Done?
How legal documents are served depends on the type of documents and who is being served. The rules for serving documents are quite complex, with different rules for many document types and jurisdictions. The most common methods of service are Personal Service, Ordinary Service and Substituted Service.
What Is Personal Service?
Personal Service is when the process server hands the documents to the person being served, in person, through direct hand to hand exchange. Proper identification of the person being served is required before the document exchange can occur. Proper identification can be performed by confirming a person’s date of birth, their full and correct name, and verbally asking if they are the person referred to within the documents. Further identification can occur through matching the person being served with a recent photograph.
What Happens If a Person Refuses To Be Served In Person?
Personal Service can still be affected on a person who refuses to accept service of documents. Once proper identification has been completed, a person refusing to accept service by hand can be served by having the documents left at their feet. The process server must explain to the person that they are being served in that manner due to their refusal to accept service by hand.
If a person refuses to identify themselves, a recent photograph becomes a valuable tool for process servers. The process server can leave the documents at a person’s feet and explain that they are being served as they have been identified via a photograph.
What is Ordinary Service?
Ordinary service can be performed by leaving documents with a person who is an adult also living at the address. Ordinary service can also be performed by leaving the documents at an address if no one is at the address, in a position where it is reasonably likely to come to the person’s attention. Ordinary service is only available for certain documents and jurisdictions.
What Can I Do If a Person Has Moved and Can’t Be Served?
There are still options available if a process server confirms that the person has moved from an address. This is where engaging a competent process server and one with skills in skip tracing and investigations is beneficial.
A good process server will ask the right questions at an address to obtain current information to identify or locate the person’s new address. A process server can then provide this information to a skip tracer who can locate a new address or attempt to locate a new address themselves. See “What is Skip Tracing” for more information.
What Can I Do If a Person Avoids Being Served?
Substituted service is ordered when a process server provides evidence that it is impractical to serve a person under the prescribed rule. In most cases, substituted service is used when a person is avoiding being served by taking evasive actions to avoid contact with the process server. However, a court will only order substituted service once a process server provides sufficient evidence that it is impracticable to serve the documents under the prescribed law, and that the method of service proposed will bring the documents to the person’s attention.
How Much Does Process Serving Cost?
The cost of process serving can vary depending upon where the documents are being served, how many people are required to be served and how many times a process server is required to attend an address. Generally, for capital cities and major towns in Australia, process serving starts at $90 per person and per address. Most process servers will charge one fee per address and include up to three attempts at the same address.
How Long Does Process Serving Take?
Process servers generally take 3-5 days to make attendance at an address in capital cities and major towns, with an average turnaround time for the completion of the job around 10-14 days. Most process serving companies have an “urgent’ service option where jobs can be completed within 2-3 days, However, urgent service will cost more.
What Can’t Process Servers Do?
There are many things a process server cannot do by law and shouldn’t do for ethical reasons. Below are the main things that process servers cannot and shouldn’t do.
1. Break and Enter
A process server cannot break into and enter a property unlawfully to serve documents. A process server must not follow a person into or onto private property if the person requests that they do not. A process server can affect service in these circumstances by leaving the documents at the persons’ feet or on the ground in front of them.
2. Cannot Pretend To Be A Police Officer
A process server cannot pretend to be a police officer or any other official of the court to force a person to open a door. Further, a process server cannot misrepresent themselves or the reason they are at an address to force a person to open a door. At the time of serving, a process server must identify themselves and state the reason why they are at the address.
3. Threaten Or Harass To Serve Documents
A process server cannot use threatening behaviour or harassment to force a person to open a door and/or to accept legal documents.
4. Cannot Leave Documents With A Minor
All states in Australia require documents to be served on a person over the age of sixteen years and in some states, over the age of eighteen years.
How do I apply for divorce?
The specific steps to do so will vary depending on the laws of your state, but generally the process will involve the following steps:
- File a petition for divorce: You will need to file a petition for divorce with your local court. This is the document that initiates the divorce case and lays out the grounds for the divorce, such as irreconcilable differences or adultery.
- Serve the petition: Once the petition is filed, it must be served on your spouse. This means that your spouse must be given a copy of the petition and notified that a divorce case has been started.
- Wait for a response: After your spouse has been served, they will have a certain amount of time to respond to the petition. Depending on the state, this can be as little as 20 days or as much as 90 days.
- File a final decree of divorce: Once the waiting period has passed, and if your spouse does not contest the divorce, you can file a final decree of divorce, this document will finalize the divorce and legally ending the marriage.
- Attend a hearing: In some states, you may need to attend a hearing before the divorce can be finalized. This hearing will be an opportunity for the judge to review the divorce papers and make sure that everything is in order.
It’s important to note that the process and the requirements may vary depending on your state laws, so it’s recommended to check with your local court for more information or consult with a profession like us.
Our Field Call service through our Process Serving Division which has a proven track record for providing efficient and comprehensive services in the field
Our Process Serving Division manages our Enforcement Hearing and assist clients with the various stages of the enforcement process