QLD Lawyer and Process Server Trespassing to give me a ‘letter'

[Cantell]

Someone was trying to send me a letter from his lawyer. As he was not successful to send that letter to my address, his lawyer decided to get a “process server” to deliver a “letter” to my house. No Trespass sign was on the gate of the house, however, the process server entered the premises and taped a letter into my rolling door which I use to gain access to the garage. The lawyer confirmed in an email that he has “instructed” a process server to hand deliver the letter. The lawyer is refusing to give me the name and details of the process server who trespassed my property. Is this legal? Please also note that I am of different culture and background and it is almost a sin if a unknown person enters my property. I have explained this to the lawyer but he is still refusing to give me the details of the person who trespassed my property as it was instructed by the lawyer.
Please help me know my rights in that whether the lawyer was at fault for instructing the process server to trespassing to leave the letter (which has nothing to do with a Court process)?
Is the lawyer allowed to withhold details of the process server?
Is the process server at fault for trespassing given the sign?
Thank you

 

[Tim W]

Is the lawyer allowed to withhold details of the process server?

Yes.

Is the process server at fault for trespassing given the sign?

Almost certainly not.

 

[Cantell]

Thank you very much for your reply. The process server damaged the gate as he had to jump over it to come inside the premises and stick the letter on the door. How do I claim for that if the lawyer is refusing to give me his details?

 

[Tim W]

What is your evidence of its condition before the server entered the land?
What is your evidence that the purported damage was caused by the server,
rather than by somebody else?

 

[Cantell]

Evidence are before and after pictures. It would be too much of a coincident that damages appeared right after the server’s visit that would be caused by someone else!

 

[Tim W]

Evidence are before and after pictures. It would be too much of a coincident that damages appeared right after the server’s visit that would be caused by someone else!

< shrug >
All you have to do is prove it, which I suspect that you cannot.

Also, what do you mean by this statement:

"(which has nothing to do with a Court process)"

 

[Cantell]

Prove it to whom? The proving part is easy, its more that I don’t have the name of the server or his company etc. This is what the lawyer is refusing to provide. That is why I asked whether or not he is allowed to withhold such information from me despite the damages etc.

As for (which has nothing to do with a Court proceedings), I meant that the document that was served on me was just a letter from someone’s lawyer who is trying to silent me from reporting him to the police for attacking me. There is no court proceedings or court document...it is just a ‘letter’. Hope that explains. thank you for your help.

 

[Tim W]

Prove it to whom?

To the court of course.
Do really, really, think some agency is going to say
"Whoops, sorry, here's a bunch of money"
the first time you contact them out of nowhere?
That's not going to happen.
If you want to do this, then you're going to court.

The proving part is easy...

I suspect, not for you.

....its more that I don’t have the name of the server or his company etc. This is what the lawyer is refusing to provide.

Short of a Discovery Order, the lawyer has no obligation to release that information to you.

That is why I asked whether or not he is allowed to withhold such information from me despite the damages etc.

[Well, you have an answer to that question, in my post above.

 

[Cantell]

I guess we are going round in circles and I can not seem to get an answer to my questions other than your questions to my questions. All I wanted is help rather than criticism. Surely I am not thinking nor did I say that someone is going to say there you go here is money for you to fix the damages that I caused....not sure how you think or where you are coming from but you seem to be stalking with a chip on your shoulder. Perhaps this forum is not for you since you seem to like to attack rather than provide help.

 

[Tim W]

...I can not seem to get an answer to my questions....

You can find your answers here.
That you do not like them does not make them incorrect.