Non Molestation station/Occupation order help
Discussion
Anyone familiar with the above?
Helping someone with this, the FL401 form is ready to go, along with witness statements and other evidence. An ‘ex parte’ order is being sought.
The thing I can’t quite work out, is how the process works.
The form can be submitted by email. Does he court then makes the decision and return paperwork to be served by a process server? There’s no place on the form to name the process server in advance,
Similarly as the property is mortgaged, the form says the lender must also be served with the application. Is this something that’s produced by the court to be served by the process server? I can’t imagine that the FL401 is sent to the bank, containing highly personal information.
Helping someone with this, the FL401 form is ready to go, along with witness statements and other evidence. An ‘ex parte’ order is being sought.
The thing I can’t quite work out, is how the process works.
The form can be submitted by email. Does he court then makes the decision and return paperwork to be served by a process server? There’s no place on the form to name the process server in advance,
Similarly as the property is mortgaged, the form says the lender must also be served with the application. Is this something that’s produced by the court to be served by the process server? I can’t imagine that the FL401 is sent to the bank, containing highly personal information.
Application is submitted, Judge considers it, gives an order without all parties present for a limited amount of time if deemed appropriate and lists a hearing at which everyone needs to be there. Alternatively Judge makes no order apart from listing a hearing for all to be at court. The order is collected, gets given to a Process Server, who serves it on the person against whom the order is made. Process Server prepares an affidavit saying he's served the order. Affidavit is lodged with the court. Order just needs to be sent to mortgage lender. At the hearing when all are there, injunction either gets extended or comes to an end.
Edited by SwanJack on Wednesday 24th January 00:05
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