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Acknowledgement of service

Acknowledgement of service

Postby Earl » Wed Apr 12, 2017 11:57 am

Is the A/S filed with the court or the claimant or both.
It's just I'm due one tomorrow as that is the last day, and with Easter approaching I'm pondering if I will receive the notification. It's just that if I get sent it either from the court or the defendant, I may not get it until Tuesday. Can anyone comment on the process.
Thanks
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Re: Acknowledgement of service

Postby Smouldering Stoat » Wed Apr 12, 2017 1:04 pm

The Court. See CPR Part 10.

I was always told that as a rule documents are filed with the Court but served on the other side, though I don't know if this is always true.
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Re: Acknowledgement of service

Postby atticus » Wed Apr 12, 2017 1:06 pm

It is filed with the court, which will then get it to you in its own good time. Holding your breath not recommended. For you to see it on Tuesday would be truly remarkable.
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Re: Acknowledgement of service

Postby miner » Wed Apr 12, 2017 4:39 pm

Smouldering Stoat wrote:The Court. See CPR Part 10.

I was always told that as a rule documents are filed with the Court but served on the other side, ...


That is my understanding.

It is not unknown, however, for crooked solicitors to file the documents with the Court and to then claim in Court that they had served them on the other side when they know perfectly well that they have haven't been served.
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Re: Acknowledgement of service

Postby miner » Wed Apr 12, 2017 4:43 pm

atticus wrote:It is filed with the court, which will then get it to you in its own good time.


That doesn't always happen, in time for a Court Hearing especially if crooked solicitors deliberately file the documents very late.

Also, the Court system itself is far from perfect in its administration.
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Re: Acknowledgement of service

Postby atticus » Wed Apr 12, 2017 4:54 pm

The OP is talking about a simple acknowledgment of service! The court's records will show when the document was filed; if it becomes an issue the judge will be able to enquire.
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Re: Acknowledgement of service

Postby Smouldering Stoat » Wed Apr 12, 2017 5:07 pm

miner wrote:
Smouldering Stoat wrote:The Court. See CPR Part 10.

I was always told that as a rule documents are filed with the Court but served on the other side, ...


That is my understanding.

It is not unknown, however, for crooked solicitors to file the documents with the Court and to then claim in Court that they had served them on the other side when they know perfectly well that they have haven't been served.


In the same way that it is not unknown for incompetent litigants in person to blame corruption for their own inadequacies. In any event, I was referring to how the rules are interpreted.
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Re: Acknowledgement of service

Postby miner » Wed Apr 12, 2017 11:41 pm

atticus wrote:The OP is talking about a simple acknowledgment of service! The court's records will show when the document was filed; if it becomes an issue the judge will be able to enquire.


And sometimes judges just don't bother. Some Judges are incompetent, and were likely incompetent or crooked solicitors in a past life.

You may not have come across any such creatures, but I have.
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Re: Acknowledgement of service

Postby miner » Wed Apr 12, 2017 11:45 pm

Smouldering Stoat wrote:
miner wrote:
Smouldering Stoat wrote:The Court. See CPR Part 10.

I was always told that as a rule documents are filed with the Court but served on the other side, ...


That is my understanding.

It is not unknown, however, for crooked solicitors to file the documents with the Court and to then claim in Court that they had served them on the other side when they know perfectly well that they have haven't been served.


In the same way that it is not unknown for incompetent litigants in person to blame corruption for their own inadequacies. In any event, I was referring to how the rules are interpreted.


So was I.

And, for your information, not all litigants in person are incompetent, whatever you might perceive through your rose-tinted glasses.
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Re: Acknowledgement of service

Postby Smouldering Stoat » Thu Apr 13, 2017 5:29 am

And not every Solicitor is corrupt, however it may appear through your rage-tinted spectacles. The OP has asked a straightforward question. It is not an opportunity to descend into another rant.
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