Reasons to Use a Process Server

July 4, 2021 - Reading time: 7 minutes

When you need legal papers to be served on someone, employing a process server is key to ensuring that the papers are served correctly and received into the hands of the individual or recipient.

What is a Process Server?

A process server is the person who will correctly serve legal documents to a defendant or individual on your behalf.  Different court orders and classifications of summons require specific processes to be correctly served.  A professional process server will be aware of the differing requirements and check exactly what is required before they serve the papers.

13 Reasons to Use a Process Server to Serve Legal Papers

Here we explain some of the reasons why to use a process server:

1.  Employing a professional process server ensures that your legal documents are correctly served

Correctly served legal documents are an important part of the legal process.  Papers that are not served correctly could result in your case being thrown out of court and prove expensive for you.

2.  A process server will know the different requirements for different types of legal documents

By employing a professional process server you can rest assured that they have extensive knowledge of the legal requirements for different types of legal serving depending on the circumstances.  The rules are diverse and a potential minefield for the uninitiated and must be followed correctly.

3.  Process servers have a firm understanding of the rules surrounding serving of papers

Following the rules is a crucial part of serving legal documents.  The rules differ for different circumstances.  Your process server will always act appropriately and ensure the rules are followed.

4.  Contacting the individual concerned via email or telephone to serve legal documents is not an acceptable method

A DIY serving of legal papers could result in problems for you.  Even if you think you’d rather keep it friendly, contacting the individual by other means is not an acceptable way of serving papers.  

5.  Serving the papers yourself could be dangerous for you

Whatever the reason that papers are being served, people often react badly or unpredictably when receiving court papers, legal documents and suchlike.  Whatever the circumstances, employing a third party professional service is the most sensible option.

Because process servers come across a wide range of people in their role, they have a strong awareness of what is required and how to behave in different circumstances.  Being a third party to the proceedings can also help to calm situations that could otherwise get out of hand.

6.  Confronting the individual yourself may be something you choose to avoid

Frequently serving legal documents on someone is a last resort.  Understandably, you may choose to avoid the necessary contact of serving the papers yourself. 

7.  The court may decide that papers must be served by an independent party

It is not unusual for the court to order that the legal papers are served by an independent party.  In such circumstances a process server is the best professional to serve the papers correctly.

8.  The person may be difficult to locate

It may be that you have tried to serve the papers yourself or asked an employee to do so for you. However the recipient is difficult to locate and you are losing time by not being able to serve the legal documents.  Finding people who are difficult to locate is a regular part of the process server role.  

9.  The person may have gone into hiding; process servers are experienced in finding people 

Because it is not unusual for those people due to be served a legal notice to go into hiding, process servers are very experienced at tracking people down and have the tools necessary to find missing people.

10.  Hiring a process server ensures that they practice due diligence and professionalism

When you hire a professional process server, you can be confident that they follow all the correct legal requirements, operate appropriately and within the law and offer their services with due diligence.  

In case you don’t know due diligence is ‘action that is considered reasonable for people to be expected to take in order to keep themselves or others and their property safe’ (Cambridge Dictionary accessed 03.07.21).  In other words they ensure that they confirm and do everything correctly and safely for the outcome.

11.  They utilize accepted legal tactics to ensure that papers are served correctly

Because they have a firm understanding of the requirements, the various differences and the law regarding serving legal documents, process servers will always operate correctly and appropriately, utilizing acceptable legal tactics that ensure they remain on the right side of the law themselves.

12.  A Statement of Service or sworn Affidavit of Service can be provided

When the legal documents are served your process server will provide you with a concise report with a statement of service or a sworn Affidavit of Service which are admissible in court and give proof that the papers have been correctly served and when. 

13.  Process servers can serve in UK prisons

In the event that you need to serve paperwork on a person that is currently spending time at Her Majesty’s pleasure, process servers can help to avoid you an unsettling trip to prison by making the trip and serving paperwork on your behalf.

Process servers working in the UK are often tasked with serving documents on serving prisoners, and are very familiar with the process of making visits to prison.  

It Makes Sense to Hand Over to Professionals

These are just 13 reasons why you would be sensible to hire a process server to serve legal documents.  When you hire a process server to serve your legal documents they will ask you a number of questions about the situation to ensure that they have a firm understanding of the requirements of the job.  Sometimes, the information includes personal details about the recipient to help them track down the correct person.

Process serving is sometimes straightforward, and frequently complicated.  Serving legal papers correctly is often more difficult than we first think, so it makes sense to hand the process serving over to professionals. 

References: Cambridge dictionary

Learn more about process serving by PrivateInvestigators-UK.

How Police Detectives and Private Investigators are Different

July 3, 2021 - Reading time: 8 minutes

Private investigators work for private individuals and companies (this is why we use the word “private” in the phrase “private investigators”), whereas police detectives work for law enforcement agencies which are funded by governments, effectively making them “public investigators”. This is the main difference between police detectives and private investigators, however, there are many other differences which we will explore deeper in this article.

1. Less red tape and paperwork

Private investigators are typically bound by less regulations and red tape than police detectives. Whereas the police will typically need abide by a myriad of ever-changing regulations, ethical standards policies, risk assessments, along with various other forms of bureaucratic form filling and box ticking; private investigators typically have less formalities to deal with, even in jurisdictions where a regulatory body licenses private investigators.

Of course, many detectives that work in law enforcement eventually decide to pursue careers within the private investigation industry instead; and many of our colleagues that have taken this leap will comment on their relief to avoid paperwork and box ticking which forms a big part of modern policing in the UK. 

2. More discretion 

Police detectives are in many cases bound by the decisions of other people; whether that be a senior investigating officer or a prosecution lawyer deciding not to pursue a case. Private investigators have more freedom to act on instructions that are provided by their clients, without interference from other people or bodies.

3. More flexible working hours

As private investigators, we often take on cases which are limited to an allocated time. However, if the case takes an unforeseen turn, then our client may ask us to work overtime. Depending on the case, we can work from the evening until the early hours of the morning, or purely during normal business hours.

Working within a detective agency provides a certain amount of freedom to delegate work to specific agents as needed. Whereas police detectives may need to work a certain amount of hours in order to be eligible for their salaries, private investigators have a lot more freedom to arrange their working hours and concentrate time on cases as needed.

4. More freedom over gadgets and equipment

While we don’t mean to suggest that police detectives are underequipped (this is definitely not the case), private investigators can sometimes have more freedom over the type of equipment and gadgets which they can use, depending on the agency.

For example, if one of our private investigators feels that it would benefit the case, (s)he might decide to spontaneously pull out a drone in order to discreetly monitor a subject. While police detectives certainly can use technology such as drones, they might seldom be able to decide that doing so could benefit the case at a moment’s notice, and use one without seeking permission from higherups.

Private investigators often spend a substantial amount of time (and money!) choosing their camera gear, lenses, discreet cameras, and any other equipment which might benefit a case. We can effectively use whichever gear we decide is appropriate, without seeking approval or funding.

5. Detectives investigate crime

This may seem like an obvious point though it should be mentioned… Police detectives are usually tasked with investigating crimes, of varying severities and associated risks. Private investigators, on the other hand, can investigate anything from infidelity, to accident injury claims, fraud, and a long list of other cases.

Private investigators typically will not delve into criminal investigations, though this can depend on the jurisdiction – investigators in north America more commonly accept criminal cases, whereas in the UK this is less common. Whether a private investigator is looking into a criminal matter or a personal dilemma, all investigations are completed with the same level of skill, dedication, and attention to detail.

6. Police detectives can access confidential data

One of the major advantages held by police detectives is their ability to access confidential data and information which is off-limits to normal members of the public. Law enforcement agencies around the world have access to vast amounts of records and intelligence data which can be used whilst conducting investigations.

While private investigators do not have access to the same information as police detectives, they are able to utilize public records, and information from third parties such as social media providers, to help locate people or assist during investigations.

7. Detectives can carry self-defence equipment

Police detectives around the world will often carry firearms as part of their ordinary work. In the UK of course, detectives may not ordinarily carry firearms but may instead have access to PAVA spray or Tasers.

By contrast, private investigators working in the UK have absolutely no rights to carry firearms, or any object which could be used for the purpose of self-defence. In the UK at least, private investigators have no special rights to carry firearms or any weapons at all… And rightfully so. A competent investigator will not make themselves known to the subject or anyone else. When conducted properly, the risks involved with private investigation should be kept to an absolute minimum and there should be no need for an agent to possess self-defence equipment. 

8. Different investigative techniques

Police detectives are often bound by conventional investigative techniques which must be used in order to ensure that evidence is admissible and meets the relevant thresholds for prosecution. The evidence must stand up to scrutiny and have been gathered within the relevant police guidelines.

Private investigators on the other hand have more freedom to gather evidence using unconventional methods. Whilst private investigators are not allowed to break the law, they are free to use more imaginative tactics which might be described as immoral by some.

Of course, the techniques used during any given investigation will largely depend on the intended use for our evidence in each case. If we are gathering evidence for use in civil courts, for example, then care should be taken to ensure that all evidence gathered is admissible.

9. More resources and funding

We often read about police budget cuts and funding issues. However, when the police decide that a matter is truly worthy of their attention, they will typically receive adequate funding in order to conduct a full and thorough investigation to the best of their abilities.

When police are tasked with conducting surveillance, for example, they may use several agents, or even a dozen or more people working on the case at any given time.

During private investigations however, we are often confined by our client’s budgets. Surveillance assignments are often conducted by just one investigator at a time, which is often adequate, though adding agents will almost always benefit a surveillance case.

Other times clients may decide to stop an investigation at a time when the investigator believes they are close to making a breakthrough.

Whatever the case, having a higher budget for an investigation will ensure better results in virtually every scenario. As private investigators we must cater to our clients’ budgets in each case. 

Choosing a career in private investigation

Many of the investigators that work for our agency come from a previous background in law enforcement. Police detectives are traditionally held in the highest esteem within our industry, and we are always eager to work with more former law enforcement detectives.

If you are interested in making the switch into private investigation, then feel free to read through our blog for more insights on the detective industry, or browse our homepage for more information about us and the services that we offer. 

Related articles

• How private investigators help solicitors
• Cheap private investigators and why to avoid them
• What are private investigators allowed to do in the UK?
• Top reasons for hiring a private investigator

How Private Investigators Help Solicitors

June 28, 2021 - Reading time: 8 minutes

Private investigators can be hired by members of the public under many different circumstances, from investigating cheating partners to catching fly tippers. However, private investigators also work for law firms and receive instructions from solicitors in many cases. 

Such is the usefulness of private investigators to law firms, that some solicitors in the UK rely on PIs in every single case they handle [source]. In this article we are going to explore some of the most common reasons that a solicitor might seek help from a private investigator.

1. Injury claim investigations

Injury claim investigations are one of the most useful situations where a private investigator can help to gather information on behalf of a solicitor. Let’s say that a person is making a personal injury claim after an accident, and claiming that they are unable to walk unaided. If that same person is photographed by a private investigator playing football, then their claims will be substantially weakened… In cases where the claimant is faced with overwhelming evidence, they may decide to drop their case altogether.

Personal injury claims are one of the most cost effective and productive uses for private investigators within the legal sector.

2. Process serving

When solicitors have acquired documents or notices which they need to be served, they will often seek help from a private investigator acting as a process server. As part of process serving a detective may be asked to serve notices on individuals, companies, or properties.

In the UK, we are often asked to serve winding up petitions, divorce paperwork, statutory demands, bankruptcy petitions, license applications, prohibition orders, and more.

Solicitors typically rely on detective agencies for process serving in order to ensure that the documents are served quickly and by a trusted, independent third party.

3. Divorce cases

We often hear of high-profile divorce cases in the media which concern millions of pounds in some cases. When marriage breaks down between average people, stakes may not reach seven figures but are often relatively high and concerning significant sums of money.

The average divorce in the UK costs £14,561 in legal and lifestyle fees… If the divorce also involves property, then the stakes can be raised considerably higher. [Source]

In cases where one partner is suspected of having an affair or cheating on their partner, then it is easy to understand how a private investigator could help a solicitor by gathering clear evidence of infidelity taking place. 

Having clear evidence that your partner is cheating on you whilst negotiating a divorce settlement can really help your solicitor to tip the odds in your favour. 

4. Finding people 

There are numerous circumstances when a solicitor might seek help from a private investigator in order to find someone. More commonly, investigators will be instructed to help track down and locate debtors, so that they can begin proceedings in the courts to recover money from them.

Using public record searches, social engineering, and other investigative techniques, private investigators are often called upon by solicitors to help track down and locate people.

5. Interviewing subjects

When solicitors need to interview people and gather information, they will often delegate the task to an impartial third party such as a private investigator. 

There are of course many circumstances where a private investigator might need to gather evidence by interviewing people, such as for accident or injury claims, or gathering character witnesses. Private investigators are able to help in such cases, and as our fees are typically lower than that of a qualified solicitor, we are often able to help our clients save money in so doing. 

6. Lie detector tests

Lie detector tests, or “polygraph tests” as they are formally known, are becoming increasingly common in the UK. Whilst they cannot usually act as evidence in their own right in civil courts and tribunals, polygraph tests can sometimes be used to add weight to the evidence presented by either side.

Polygraph tests can also be used by members of the public to help in settling allegations and family disputes. Conducting polygraph tests is a specialised practice which is often conducted by skilled private investigators.  

7. Finding assets

There are many cases when a person may take steps to conceal their true wealth and to hide assets. Private investigators are often called on by solicitors to investigate and help to locate these hidden assets, which can help to paint a more accurate picture about the subject’s income and overall net worth. 

8. Intellectual property investigations

Intellectual property theft is a growing problem in the UK and around the world, with many unscrupulous traders seeking to profit by selling goods which carry the trademarks of well-known brands.

Intellectual property is often the most valuable asset which is held by any given company, and private investigators can help to work under the instruction of solicitors to locate cases of intellectual property being stolen or used without permission from the rights holders.

 Intellectual property investigations can typically help solicitors to litigate or reach settlements in their clients’ favour. 

9. Social media investigations

Most of us use multiple different social media platforms on a daily basis, and with more and more people deciding to share an increasing amount of information about themselves through social media websites and apps; it’s easy to see how private investigators are able to gather all manner of different information on behalf of solicitors through social media investigations.

Investigations which are centered on social media can help solicitors to gather evidence and build up character information on key individuals.

10. Vetting employees or business partners

Conducting due diligence when hiring new employees or deciding to go into business is always a very wise endeavour and can help our clients to avoid making costly mistakes in many cases. Performing background checks on individuals and companies prior to business agreements being reached can also help to protect the reputation of yourself and your business.

Carrying out background checks is another task which is commonly outsourced to private investigators by solicitors.

PrivateInvestigators-UK

So there you have it, these are some of the most common reasons that a solicitor based in the UK might decide to hire a private investigator. PrivateInvestigators-UK are a leading detective agency covering all areas of the UK and many other countries around the globe. Please see our homepage for more information about us and the different services that we offer, or click through our blog to read our related articles.

Related articles

Top Reasons for Hiring a Private Investigator

Cheap private investigators and why to avoid them

What are private investigators allowed to do in the UK?

Are private investigators licensed in the UK?

Top Reasons for Hiring a Private Investigator

June 22, 2021 - Reading time: 9 minutes

It is not uncommon for ordinary citizens like you and me to find themselves in a legal situation where we might need to collect evidence to build our case and properly defend ourselves. This is where a private investigator can help us immensely. Suppose the situation does not require enforcing the law, making an arrest, or defending the public. In that case, there is nothing that the police can do for you. On the other hand, a private investigator can help you collect information and gather evidence. Here are some of the advantages that a private investigator has over the police:

• Private investigators are not bound by the same limitations as the police.
• Private investigators can speak and interrogate subjects as long as they are abiding by the law.
• Private investigators can choose not to identify themselves when talking with people.
• Private investigators can take videos and images as long as they comply with the law.

PIs can prove to be very useful in certain situations where you need to collect evidence or gather information. In this article, we are going to discuss some reasons for hiring a private investigator. Keep on reading to learn more.

Top Reasons for Hiring a Private Investigator

• Infidelity Investigations – Not knowing for sure or living in suspicion of your spouse having an affair is a painful thing. It can start to take a severe toll on your marriage and your mental health. This is a prevalent unfortunate situation that private investigators have to deal with on an almost daily basis. A private investigator can help you uncover the truth discreetly. They will provide you with evidence in the form of pictures or videos. Knowing the reality of the situation is much better than living your life in suspicion.
• Pre-Marital Checks – Marriage is one of the most significant decisions that a person makes in their lives. The idea of having a foreign bride or groom is relatively common these days. Social media has turned the world into a global village, and you can find love in any corner of the world. That being said, it is vital that you do your due diligence before starting any sort of legal visa process. A private investigator can help you verify the identity of your foreign bride or groom. They will also help you uncover everything about the person that you are thinking about spending the rest of your life with.
• Dating Background Checks – You can meet someone online or offline and think that they are the partner you always dreamed about, but can you really be sure that they really are who they say they are? It pays to be cautious, especially when it comes to someone that you are considering as a potential life partner. A private investigator can help you make sure that you have nothing to worry about by verifying details like address, education, employment history, marital history etc. If everything checks out, then you can go ahead and fully commit to your new partner. And in case something turns out to be fishy, then you will be glad that you dodged a bullet.
• Child Custody Cases – Did you know that private investigators can act as witnesses in child custody cases in court? Yes, you can hire a private investigator to help you uncover information related to your child custody case. Whatever the private investigator finds will be admissible in court. Often times this can help you prove a fact that would have been impossible to prove otherwise. If you think that your child custody case is complicated and will potentially turn out to be a long legal battle, hire a private investigator. You never know what they might find out and how it might help your case.
• International Due Diligence – If you are going to invest in an overseas venture, then it is recommended that you do your due diligence to mitigate the risk of being defrauded. A private investigator can come in handy in such a situation as they can help you verify the validity of the deal that you are making. They verify the people and company that you are dealing with. They will look into the legal status, operations, reputation, registration, and profitability of the organization that you are planning to do business with. This due diligence can save you from any scams and ensure that your money is safe.
• Business Background Checks – Much like people, businesses also have a history. This history can tell you a lot about the business. Suppose you are planning on working with a company. In that case, hiring a private investigator to look into their background can help you a lot. It will ensure that you are dealing with a reputable entity. A private investigator can talk to other people who have done business with the company. They can look at their financial records and make sure that everything is the way it seems. You can never be too safe when it comes to investing your hard-earned money.
• Employment Background Checks – If you are a business owner, then you must understand the importance of hiring the right people for your company. Suppose you are hiring someone locally or internationally. In that case, a private investigator can help you verify CVs. and the personal information of candidates. In this age of digital manipulation, CVs, certificates, and other documents can be forged easily. A private investigator performs a thorough background check on any potential employees to make sure that you are hiring the right person for the job. This will protect your company's reputation and ensure that you weed out any shady characters before offering them a job.
• Identity theft  – If you are a victim of this devastating crime, then you must know the damage that it can cause. Identity theft is a crime in which someone else steals your identity and uses it to commit theft or fraud. Millions of pounds are lost to identity theft each year. And thousands of people are left scrambling to repair their credit. A private investigator can help you identify the person who stole your identity. This will help you approach the police more confidently. Private investigators can also help you avoid this crime.
• Insurance Fraud – This is perhaps one of the most common crimes committed for monetary gain. Billions of pounds are lost each year to this crime. Insurance fraud involves making false claims to defraud the insurance provider. Private investigators can be used in these situations to uncover the truth. People who are supposed to have serious injuries might be photographed playing football. And people who are supposedly dead might also be photographed alive. It can save companies from being defrauded by false insurance claims.
• Predator/Stalker investigations – Did you know that more than 700,000 women are stalked each year in the UK? It is an unfortunate problem that can ruin the mental and physical safety of the victim. If you have a stalker, then it is best to take action before the situation gets worse. A private investigator can learn about the identity and motive of the stalker and help you present a solid case to the law enforcement agencies. It can help you get a restraining order quickly against the perpetrator and regain your peace of mind.
• Welfare Fraud – Under-reported income and fraud in government assistance programs are common problems. A private investigator can help find proof for these crimes. A PI can look into all sources of income for a person and see if the income being reported is accurate or not. It is an uncommon job, but a PI is well equipped to deal with such investigations. It stops the abuse of government assistance programs and helps the people who are really in need.
• Finding People – Whether your loved one has disappeared and you decide to instruct a private investigator to launch a missing persons investigation, or whether you need to trace a debtor, private investigators can help to find people by utilizing public record searches and through interviewing key individuals.

So, there you have it. A private investigator is someone that can help you deal with a wide range of problems that local law enforcement agencies might not. Above all, the job of a private investigator is to collect and verify information. If you need information about anything or want information verified about anyone, hiring a private investigator is an excellent option for you. Private investigators are also discreet and confidential, which makes them perfect for family-related matters. If you are faced with an unusual problem that requires someone professional and skilled, then you should hire a private investigator for assistance. 

Our services and rates

PrivateInvestigators-UK are a leading detective agency, covering all areas of the UK and beyond. Please click through to the Private Investigators UK homepage for more information about us and the services that we offer.