A process server attends the address. The door is unanswered. The recipient is nowhere to be seen. Perhaps the business has moved, the property appears empty, or the address is simply no longer current.
An unsuccessful attendance does not necessarily mean the instruction has reached the end of the road.
For solicitors, businesses and private clients in Birmingham, the important question is often what can be established next.
An unsuccessful attendance does not necessarily mean the instruction has reached the end of the road.
Why service attempts fail
There are many reasons a recipient may not be found:
- They are away from the property.
- They have moved address.
- The business has relocated.
- The premises are closed.
- The address supplied is outdated or incorrect.
- Access to the property is restricted.
- The recipient may simply be difficult to contact.
The appropriate next step depends on the document being served, the circumstances and the applicable rules.
For civil proceedings, the Civil Procedure Rules provide different rules for different types of documents and circumstances. They also recognise circumstances where a current address cannot be established and where an alternative place or method of service may need to be considered.
What happens during an unsuccessful attendance?
A professional process server should record what actually happened.
This may include:
The date and time of attendance
The address attended
Whether anyone was present
How the premises appeared
Any relevant observations
The outcome of the attempt
Photographs, where appropriate
Location evidence, where applicable
The objective is to provide the client with a clear factual account rather than simply stating that the recipient was “not found”.
What if the recipient has moved?
This is where the original address may need to be reconsidered.
Under the Civil Procedure Rules, where there is reason to believe that a defendant’s address is no longer current, reasonable steps may need to be taken to ascertain the current address. Where the current address cannot be established, the rules provide for consideration of whether service can take place at an alternative address or by an alternative method.
The precise requirements depend on the document and proceedings.
A process server can assist with the practical fieldwork, while the solicitor or other legal professional should determine the appropriate legal route.
What if the business has disappeared?
Commercial addresses can change quickly.
A process server may attend and find:
- The business name is no longer displayed.
- Another business occupies the premises.
- The office is closed.
- The premises appear vacant.
- A “To Let” notice is visible.
- There are no obvious signs of trading activity.
These are observations, not conclusions.
An empty office does not automatically establish that a company has ceased trading, nor does the presence of another business necessarily establish where the original company has moved.
What it can provide is useful factual information about what was observed at the address at the time of attendance.
What happens after the first failed attempt?
There are several possible next steps.
Make another attendance
A further attempt may be appropriate where the circumstances suggest the recipient may return or where additional attempts are included in the instruction.
Verify the address
Where there is reason to believe the address is outdated, an address-verification assignment may help establish what can be observed at the location.
Check the premises
An occupancy or property check can provide a more detailed record of the visible circumstances at the address.
Consider tracing
Where appropriate, further tracing work may be instructed to investigate an individual or business and identify information that may assist with the next step.
The correct approach will always depend on the particular matter.
When an unsuccessful attendance tells you more
This is one of the less obvious benefits of using a professional process server.
A failed attempt can sometimes reveal information that was not apparent from the original instruction.
An example
A process server attends a Birmingham commercial address to serve documents.
The office is closed.
The company signage has been removed.
The property appears vacant.
A photograph is taken of the relevant exterior, the attendance is recorded and the client receives a report describing the circumstances.
The client can then decide whether to instruct an additional occupancy check, property report, address verification or tracing assignment.
The important point is that the report records what was observed, rather than making assumptions about why the company is no longer there.
Can a process server keep looking for the recipient?
A process server can carry out further work where this is specifically instructed.
That may involve additional attendance attempts or a separate tracing or verification assignment.
However, a process server should not simply improvise a different legal method of service.
The legal requirements for service depend on the type of document and the proceedings. Under CPR Part 6, different methods and places of service apply in different circumstances, and the court can in appropriate cases authorise an alternative method or place.
That distinction is important:
Bentley Legal Support Services provides field support. Your solicitor determines the legal strategy.
What should you ask a process server to report?
For a professional client, useful reporting should make the attendance easy to understand when the file is reviewed later.
Depending on the instruction, this can include:
Date and time
Full address
Attendance details
Service outcome
Relevant observations
Photographs
GPS/location evidence
Further recommendations or available field services
Where a certificate or statement of service is required, the applicable rules determine what information needs to be included. For civil proceedings, CPR 6.29 sets out information that may be required in a certificate of service, including the date and time of personal service.
What if alternative service might be needed?
Sometimes the usual method of service may not be practical.
For civil proceedings, CPR 6.15 allows a court to authorise service by an alternative method or at an alternative place where there is good reason to do so. The application must be supported by evidence explaining why the alternative is sought and why the proposed method or location is likely to bring the document to the person’s attention.
This is a matter for the court and the legal professionals handling the case.
Bentley Legal Support Services can provide the factual field information from an attendance that may assist the instructing professional in deciding what to do next.
Common mistakes after a failed service attempt
Assuming “not there” means “not served”
An unsuccessful attendance needs to be considered in the context of the document and applicable service rules.
Giving up after one attempt
Depending on the circumstances, another attendance or further investigation may be appropriate.
Making assumptions about an empty property
A vacant-looking property is an observation, not proof of a company’s legal status.
Failing to preserve evidence
Clear attendance records and appropriate supporting evidence can be important when the history of service needs to be demonstrated later.
Confusing fieldwork with legal advice
A process server can report what happened on the ground. The solicitor or other qualified professional determines what that means legally and what step should follow.
When You Need Someone on the Ground
Finding the recipient is only one part of professional process serving.
The real value can also lie in knowing what happened when you arrived, what was observed and what options may be available next.
Bentley Legal Support Services provides professional process serving, address verification, tracing, occupancy checks and property field services across Birmingham and the West Midlands.
Need a recipient located or an address checked?
This article is for general information only and is not legal advice. Service requirements vary according to the document, proceedings and circumstances. Appropriate legal advice should be obtained where required.