Frequently Asked Questions
Common terms used in the process server industry:
Gotcha Process Serving Agency can serve documents anywhere in the world. Since 1985, Gotcha is famous for prompt and efficient service. We use dedicated and reliable agents.
What is a Notary Public?
A Notary Public is appointed by a Superior Court of a State or Territory. In Queensland, notaries are appointed under common law (by the Archbishop of Canterbury, England). They can witness the signing of important documents, administer oaths and witness Statutory Declarations. They can also certify true and correct, copies of original documents both for national and international purposes.
Why are documents notarised?
An impartial witness (a Notary Public – see above) ensures that signatories to documents are who they say they are and not impostors. The principal aim is to stop fraud. A Notary Public ensures that signatories to documents have entered into agreements knowingly and willingly. In a society in which national and international business dealings between strangers and nationalities of different countries are the norm rather than the exception, a Notary Public creates a trustworthy environment where strangers and foreign nationals are able to share documents with full confidence in their authenticity.Notarised documents also are considered self-authenticating, which means the signatories do not need to testify in Court to verify the authenticity of their signatures. Having a document notarised is “a huge strategic advantage” in litigation.
What does Motion for Substituted Service mean?
Substituted Service. Service of process is the deliverance of legal documents that officially request someone’s presence in court. … Usually, if you can’t be reached, the next option is to serve the documents to a court-approved person at your place of residence
What is an Affidavit of Service?
An Affidavit of Service – also known as a Proof of Service or Return of Service – is an important document provided after a Process Server has successfully served documents to someone. This affidavit is a notarized testimony signed by the server that details the time, date, manner of service, identity of the person served and other details of the job. If a party in the case claims to not have been notified of pending legal action, the Affidavit of Service can be presented to prove otherwise.
Can I get a divorce by doing it myself?
The Family Law Courts has a great section about divorce. And the answer is yes, you can do it yourself. Check their guide to see how.
What is an Affidavit of Attempted Service?
The Court will require evidence (by way of affidavit) of the attempts made to serve the documents on the defendants personally, along with any searches contacted in order to locate and contact the defendant. In the alternative, you must have evidence that it is “obviously futile” to attempt to serve the proceedings personally.
There is no rule requiring a certain amount of attempts at service prior to the granting of an order for substituted service. All that is required is that it be impracticable to personally serve the documents on the defendant. Evidence of that impracticality should be provided to the Court; it may include evidence of any attempts by the defendant to actively avoid service.
How many attempts do I get for my fee?
You usually get 5 – 6 attempts within any Capital City region. Country or interstate cases may involve travel, which can take time and therefore be more expensive. If you supply as much information as possible (e.g. work times, regular visits to a place etc.) this will minimise work at our end and your expense.