I have already tried everything to serve my court documents on my landlord. I am representing myself as I cannot afford a lawyer or a process server. I would like to know more about how I can apply to the court for substituted service?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Lisa Wulfsohn, Melbourne 3000 VIC
- Your registry staff will be able to help you with questions about how to apply for substituted service at your court.
- Generally you will need to apply in writing.
- You must send a letter to the court asking for substituted service.
- You must also prepare a supporting affidavit. This affidavit will need to include information such as:
- the date of the writ;
- your attempts to serve the documents;
- the time and place of these attempts at service; and
- your proposal for an alternative way of serving the documents.
- You must include information about:
- your genuine attempts to find the person; and
- how the attempts have been unsuccessful.
- You must also explain how the proposed method of service will successfully tell the defendant about the court case.
- For an example of a letter and affidavit for substituted service see this link: http://www.lawassist.lawaccess.nsw.gov.au/lawassist/lawassist_sample_letter_and_affidavit_substituted_service.html.