Law 101 for Novices – Entry 62

Dear Diary

So, as it turns out, when you summon someone to court it can be a difficult process. You see, you need to ensure that the person has received the summons. There are three ways to do it:

  1. Hand it to them personally – then swearing to an affidavit that you have done this
  2. Post it to them via registered post
  3. Pay a Bailiff or Private Process Server to serve the summons on your behalf

I opted for option 2 initially as I didn’t know any better. It’s been days and the ex-landlord hasn’t picked up his registered post. It may be because he’s lazy (reasonable assumption) or that he suspects what it is and has no intention of picking it up! If he isn’t served the summons we don’t go to court.

After realising how difficult delivering the summons could be I understood why the Court House gave me two original documents. There is a process to follow if the person doesn’t accept the summons either – you tell them it’s a court summons and leave it on their doorstep. Again, an affidavit is completed stating that this was the means of delivery.

I did some investigations – a Bailiff may cost about $100 to serve the summons but they are very slow due to their heavy workload. A Private Process Server is much quicker but expensive! (~$350). The silver lining is that I can ask the Court to order the ex-landlord to pay a portion of these costs. I can’t find anywhere the percentage that I’d be left out of pocket.

I’ve done a drive by the ex-landlord’s house to confirm that he’s still at the address. I am almost certain that he is. The good news is that I could serve the summons to other people at the same residential address if he is not available. So, the plan of attack is: Wait a few more working days for the ex-landlord to pick up his mail from the post office; If, he doesn’t collect said mail then myself and the other ex-housemate will serve the summons to him personally and I will fill out an affidavit myself.

It’s times like these that I think about how convenient it would be if The Lawyer had pursued me instead of the other girl. Interesting fact actually – the other girl has been on the dance scene for a while. She was first coupled with a weedy looking guy who could have been a fellow uni student. I’d say that they were together for maybe a year or two. They broke up and then she secretly dated The Electrician (who went to the beach house with us a few months ago). The Electrician doesn’t come out dancing anymore as she’s now moved on to The Lawyer. Not sure how long it’ll be until she finds the next sucker who earns more money. Since she’s started dating The Lawyer they don’t go out dancing much….the term divide and conquer comes to mind.

The real estate agent has asked me what time I’d like to meet on the weekend. It made me very irritated as he should be more than capable of organising time, date and place. I’ve reflected on it a fair bit and I am tempted to cancel the date as I don’t think it’ll progress to anything more. My free time is very limited currently and I am exhausted by investing it in men that don’t have their act together. If it’s too hard at the start it isn’t worth pursuing I say.


Image: [Jana Gouthova] ©

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