QUESTION: Dear Legal Wiz,
I usually ask the Bailiff’s office to serve the summons, but lately I have been experiencing problems. The summons is for a civil matter in the Resident Magistrate Court. I therefore used one of the local couriers, but the man who was supposed to get the summons did not take it and sent it back to me. I really do not want to use the Bailiff office again because of the problems and I am running out of time. Do you suppose I should try one of the other courier services.
Anna Dodds
RESPONSE: Dear Anna,
Although some persons have successfully used the services of a Courier worker, there are some points to consider. The primary one being, whether or not that person is reliable to go to Court should the Resident Magistrate need them to give an outline on how they served the summons. Remember if you do not have an attorney, you may be in Court all day.
You should also ensure that that person is aware of the proper procedure on how to serve a summons, and how to fill in the affidavit to be returned.
Legal Wiz