Friday, March 29, 2019 - Posted by Michael McCulloch
You may take it for granted that when a Default Notice is issued that the customer receives the Notice however what would happen if legal action was commenced and the customer defended the action based on not having been issued with a Default Notice? Would you be able to prove service?
The ability to swear an Affidavit that meets the Courts requirements is paramount in having any such Defence struck-out with the Supreme Court repeatedly ruling that where service is effected by post several elements must be proven. These elements include:
- the envelope bearing the correct name and address of your customer;
- the envelope containing the relevant documents being served;
- the envelope bearing the correct cost of postage; and
- the envelope being placed in the post.
Having an accurate and up to date mail log that is maintained in a central location would assist in helping to prove a document has not only been issued but also posted. An affidavit at the time the notice was posted that covers the above points would be an alternative, albeit may not be practical.
For more information regarding the Courts requirements please speak with a qualified legal practitioner at Collection Law Partners
Disclaimer: This article is general information only and does not constitute legal advice and is not intended to be relied on in any way.