DMBM660270 - Summary proceedings: SP summons: personal service in England and Wales

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Personal service of the summons

In exceptional cases, where the debtor does not accept a summons by post, is deliberately avoiding you, or you need to serve it personally for any other reason, at least 14 days before the hearing date you should

  • hand the summons to the debtor
  • do not enclose the summons in an envelope.

You may serve the summons anywhere in England or Wales but service at the debtors place of employment is not desirable unless there is no alternative. Always observe the rules of confidentiality strictly, wherever you serve the summons.

Leaving the summons with someone else

If you cannot meet with the debtor personally, but there is a responsible adult (for example the debtors spouse) at the same address and you are assured that the summons will come to the debtors attention within 24 hours, you may

  • leave the summons with the responsible adult, in a sealed envelope clearly marked for the debtors attention and
  • make a note of the name of the person with whom the summons is left and their relationship (if any) to the debtor.

Service with police in attendance

If you need to serve a summons or other magistrates court document personally but you anticipate violence, the higher debt manager should consider whether to ask for a police officer to accompany you.

Certificate of service

In all cases, after serving the summons the officer concerned should personally complete the certificate of service, giving precise details of how you served the summons.

Solemn declaration of service

Exceptionally, a solemn declaration of service on form SP38 may be required if an officer other than the complainant serves the summons by hand. It is a sworn statement normally made before a JP or a Commissioner for Oaths. A fee is payable if swornv before a Commissioner for Oaths.