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I have served the papers required by the courts including the c100 and c1a. I have proof of posting and have no doubt that the respondent has received them. The first hearing is 9th Dec so there is plenty of notice for the other party to respond
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My question is......if she ignores the papers and doesn't turn up for the hearing or denies the papers were ever sent ( which she has done with previous correspondence from both mediation and my solicitor, before legal aid was withdrawn), are there any consequences?
Hi There,
I have to say i'm not 100% sure, I was always of the understanding that they would carry on without her, but i'm sure i have read of cases be rescheduled due to non attendance.
I can't think that any judge would reschedule more than once though if she failed to turn up a 2nd time.
GTTS
If that happens its likely to be rescheduled, they may decide to re serve the papers themselves.
If her non attendance continues they can just go ahead without her.
If its important court documents you may be better using a Process Server – these do cost anywhere from £85.00+VAT to £150.00+VAT depending on the service. For that they will attempt to serve the papers usually 3 times to unlimited times and you will get a certificate to prove to court that the papers were served.
I only needed this under instruction from the judge due to asking the courts to act on their penalties and commit to prison my ex for breaking the enforced order.
I was told for normal application forms, statements etc… for the normal hearings and up to enforcement hearings that Recorded – signed for delivery is OK.
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