I have filed a writ and statement of claim at the court registry. I am making a claim for damages against my landlord. The registry staff told me I need to serve the other party but I have no idea how to find them. He does not take my phone calls and I do not know where he lives. How can I serve the documents on him?
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
- If you are cannot find the other party then you may apply to the court for substituted service.
- Substituted service is a special process where you let the defendant know about the court case in an alternative way.
- Examples of substituted service methods include:
- text messages;
- phone calls; and
- Facebook posts.
- Another option is to use a process server. They are professionals who have special expertise in finding and serving court documents on people.
- It may be that you need to speak to a lawyer to discuss your options.