Service of papers via Whatsapp?
Discussion
My OH has a judgement against someone who owes her money. He no longer lives at the address he did and she can't find him. We know his approximate location though as I've seen him walking his dog.
She intends to enforce the judgement firstly by obtaining an order that he attends Court to answer questions as to his financial means. This, however, needs to be served in person. We will try our best to find him but in the event that we can't we are looking for other means. There seems to be the opinion that Whatsapp can be considered a suitable means of service as the app shows without doubt that the document has been received. Indeed, there appear to be cases both here and abroad where it has been used. We understand that it is only likely to be authorised in the event that he cannot be found by carrying out a reasonable search for him, which would seem reasonable.
Has anyone done this or can anyone offer an opinion as to whether it's appropriate and what the downsides might be?
https://www.theabi.org.uk/news/service-of-process-...
https://www.pinsentmasons.com/out-law/news/high-co...
She intends to enforce the judgement firstly by obtaining an order that he attends Court to answer questions as to his financial means. This, however, needs to be served in person. We will try our best to find him but in the event that we can't we are looking for other means. There seems to be the opinion that Whatsapp can be considered a suitable means of service as the app shows without doubt that the document has been received. Indeed, there appear to be cases both here and abroad where it has been used. We understand that it is only likely to be authorised in the event that he cannot be found by carrying out a reasonable search for him, which would seem reasonable.
Has anyone done this or can anyone offer an opinion as to whether it's appropriate and what the downsides might be?
https://www.theabi.org.uk/news/service-of-process-...
https://www.pinsentmasons.com/out-law/news/high-co...
I have been professionally involved in a case in which the Court permitted service by Whatsapp. The downside is that the other party might argue later on that the Whatsapp number used was not in fact their number, or that someone else had read the message, and that they had not seen it. It is reasonable to assume that a party that appears to be intent on avoiding service will take any point available to them to dispute the efficacy of the form of service attempted. Ultimately in that event, the court will have to decide whether or not the service was effective.
NB NB NB: In some countries, any attempt at service of legal process that does not accord with the relevant Hague Convention will be ineffective. The validity of service is determined by the law of the place where service is alleged to have been made.
NB NB NB: In some countries, any attempt at service of legal process that does not accord with the relevant Hague Convention will be ineffective. The validity of service is determined by the law of the place where service is alleged to have been made.
Breadvan72 said:
I have been professionally involved in a case in which the Court permitted service by Whatsapp. The downside is that the other party might argue later on that the Whatsapp number used was not in fact their number, or that someone else had read the message, and that they had not seen it. It is reasonable to assume that a party that appears to be intent on avoiding service will take any point available to them to dispute the efficacy of the form of service attempted. Ultimately in that event, the court will have to decide whether or not the service was effective.
NB NB NB: In some countries, any attempt at service of legal process that does not accord with the relevant Hague Convention will be ineffective. The validity of service is determined by the law of the place where service is alleged to have been made.
Many thanks for the valued input BV. NB NB NB: In some countries, any attempt at service of legal process that does not accord with the relevant Hague Convention will be ineffective. The validity of service is determined by the law of the place where service is alleged to have been made.
We have the chap's number and we know it's in use by him because his profile pic on it is definitely tied to him. Although he has not given her the number directly, because he changed it and didn't tell her, we know it's in use by him because a friend gave him some work and used that number to contact him. Fully accept that he'll argue it though.
If she applies for the order to the relevant County Court and cannot reasonably find him to serve it, does she then need to ask the Court for permission to serve via WA before attempting it?
AJL308 said:
My OH has a judgement against someone who owes her money. He no longer lives at the address he did and she can't find him. We know his approximate location though as I've seen him walking his dog.
Engage a process server if you know a rough time and location for his walking the dog?!!?Chrisgr31 said:
If you have seen him walking his dog then presumably you could just serve it on him whilst he is walking his dog? Or alternatively, depending what the work is, get a 3rd party to give him some work and serve it with that work!
It's catching him that's the question. I've only seen him once so it may just have been some fluke. There is a specific window in which you have to serve the papers as he has to be given a certain amount of notice of the court date. He also has to be given an opportunity to request travel expenses. He won't respond to my mate offering him work again because he'll know something is up. I don't want anyone connected to us to message him in case he bins off that Whatsapp account.
Sounds like you need to hook him somehow - send him a "competition" entry and then a week or so later send him another message saying he has won something desirable - say a new iPhone. Include a link to a form to collect his name & address so you can "ship" him the phone. Send the process server instead!
Cyberprog said:
Sounds like you need to hook him somehow - send him a "competition" entry and then a week or so later send him another message saying he has won something desirable - say a new iPhone. Include a link to a form to collect his name & address so you can "ship" him the phone. Send the process server instead!
Been through all of these options but the problem is he isn't stupid and is naturally very suspicious of everything. The money he owes was basically conned out of her so he won't fall for that sort of stuff. The only thing that would perhaps bring him out of his hole would be some temptation to make (or con) easy money from someone but he won't go for anything that just appears out of the clear blue sky. Breadvan72 said:
Is the amount at stake worth the time end effort and heartache?
Yes, she was conned out of it as he's a manipulative 
so there is a point of principle here. The way in which it was done was despicable and we are determined that he is not getting away with it. There is also a larger amount she will be applying for judgement against him for as well but we really need to find him first. It's no great heartache as we'll find him eventually. Far less heartache than doing nothing.
A1VDY said:
This type never pay anyway no matter any outcome at court, you'll be chasing this debt for years that way.
Employing the services of people who will wring it out of him is a far better bet.
We are pursuing a little sEmploying the services of people who will wring it out of him is a far better bet.
t who we supported through lockdown and who then thanked us by fking off owing us £5k.Papers will be served by post and copied by email and Whatsapp.
If he doesn't pay, we'll see if we can bankrupt the f
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