VIC Family Court - What is a Process Server?

[Rosetj]

What is a process server in Family Court, and are they like detectives and what happens if I ignore one?

 

[Rob Legat - SBPL]

A process server is someone who delivers court and tribunal documents ('process') in accordance with the rules of the particular court or tribunal. It can be their sole job, or part of their overall duties. Court bailiffs, for example, serve process.

If you ignore one, and they've made reasonable efforts to attempt service, you could run the risk that an order is made by the court or tribunal for an alternate means of service against you. This could mean posting the documents to you, or affixing them to your property (just two of the examples).

What's important to remember is that the process server is just the messenger. They've got a job to do. If you've got a bone to pick, it's with the person pursuing the action.

 

[Rod]

... and if it appears to the court you are actively hiding, a default judgment can be made against you, regardless of whether you have really seen the court documents. Throwing them away, or asking someone to throw them away will not stop the courts.

You are not the first person to think like this and over the last few hundred years the courts have implemented processes that effectively stop people dodging process servers. All you can do is slow the other party down by a month or two at best.

You don't get to indefinitely postpone court action just because you attempt to hide from the courts.