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Next Step Advice - Wife ignoring petition

  • joeboro
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15 Nov 11 #298114 by joeboro
Topic started by joeboro
I served my wife the Petition (for unreasonable behaviour to which she agreed) and she received it on the 4th Oct. She rang me that day so I know she received them. She lied and said she would sign and return them straight away. Its been over a month now and she is now ignoring my calls/texts.

My question is, which is the best step to take out of the 3 options I have available.

I understand the baliff option for £105 but not the other 2 for £45 and would like it to cost as little as possible having already forked out for the divorce.

If it helps, there is nothing to contest on her part, ie. no kids, no assets.

Any help would be appreciated as I want to get this sorted out asap.

  • .Charles
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15 Nov 11 #298159 by .Charles
Reply from .Charles
If you know where she will be at a given time I would recommend a process server (sometimes called an enquiry agent). They will personally serve your wife and prepare an affidavit of service which you can use to prove to the court that your wife has been served.

A process server can charge as little as £75 + VAT but it depends upon the time spent. As I say, if you know where she will be at any given time (except Sundays and Bank Holidays) the server can intercept them there and serve without delay.

Charles

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27 Jan 12 #308740 by joeboro
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I got get her served by a process server just before Xmas. She got in touch and told me twice she had sent the forms back. She lied as I rang court today after waiting a month and they have received nothing back.

Now I can go ahead with the sworn affidavit from the process server.

Which form do I need to fill out to do this?

Cheers

  • dukey
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27 Jan 12 #308743 by dukey
Reply from dukey
Call the court and ask them how best to deal with this, what tends to happen is the judge will ask you proceed with direction for trial because service will be deemed.

In other words you can prove the server gave her the form and she has refused to return it to court, as such the judge will allow it to move on without her signing the acknowledgment of service.

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13 Feb 12 #312048 by joeboro
Reply from joeboro
Thanks for the help

Hopefully the last question or 2.

I rang the court, they told me I need to fill in the D11 form.

Just a couple of questions im unsure about, the guide with it doesnt help much on 2 questions.

3. The name of the order im asking the court to make
9. Who should be served this application, do I need to put my details and/or my wifes?

Cheers

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13 Feb 12 #312052 by dukey
Reply from dukey
3. Deemed service.

4. Its the address of your wife.

  • joeboro
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13 Feb 12 #312055 by joeboro
Reply from joeboro
Great stuff cheers. Thats all I need to know :)

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