What are the methods for delivering your letter of demand?

You can deliver your letter of demand through personal service, sheriff's office, or attorney assistance. Each method has its specific advantages and considerations.

How can I personally deliver the letter of demand?

Personal service involves you, the plaintiff, directly delivering the letter to the defendant. This method ensures immediate proof of delivery and can include options like serving via registered post.

What is the role of the Sheriff's office in delivering a letter of demand?

The Sheriff's office can serve the letter on your behalf. Using this official method provides added assurance of delivery and includes a return of service for proof.

Should I consider hiring an attorney to deliver the letter?

Hiring an attorney ensures that the letter is served in accordance with legal requirements. While this is the most expensive option, it offers peace of mind and professionalism.

Step 2: Serve Demand Letter - Small Claims

How to Deliver Your Letter of Demand

Personal Service

This method involves you, the plaintiff, personally delivering the letter to the defendant. It is a direct and immediate way to ensure the letter is received. This method may also include serving via registered post.

Advantages:

No additional costs.
Immediate knowledge of successful service.
Possibility to serve via registered post.

Considerations:

It might be wise to bring a witness if serving in person.
Requires time and effort from your side.
Can be challenging if the defendant is evasive.

Once you've served the letter complete this affidavit as proof: Download the form here.

Sheriff's Office

With this method, an officer from the Sheriff's office is responsible for delivering the letter to the defendant. The Sheriff's office is an official entity, and using their services provides added assurance of the letter's delivery.

Advantages:

Official method, widely recognized.
Sheriff takes responsibility for successful service.
Provides convenient proof of service in the form of a "return of service".

Considerations:

There is a cost involved.
Requires you to first enquire which sheriff's office can handle your request.
May take longer compared to personal service.

Attorney Assistance

This method involves hiring an attorney or a law firm to handle the service for you. They will ensure that the letter is served in accordance with legal requirements and provide you with proof.

Where to Deliver Your Letter of Demand

Why is delivery also known as "service" important?

Individuals

General Locations:

Residence: Delivering the letter at the individual's home is standard and recommended.
Place of Work: Delivery at the workplace is acceptable during working hours.

Service Methods:

Direct Delivery: Handing the letter directly to the individual and requesting verification of delivery ensures receipt and proof of receipt.
Door Affixing: Only if direct delivery isn't possible, securely affixing the letter to the individual's front door is an alternative but should be witnessed and verified by another person.
Electronic Methods: Serving the letter through email, WhatsApp, or Facebook is not advisable as these may not provide verifiable proof of receipt.

Business Entities

Types of Business Entities:

Companies: Serve at the registered office or principal place of business.
Partnerships: Serve at the principal place of business.
If you don't have that information you can always give the company a call and ask where they accept delivery of legal documents.

Considerations:

Vacant Premises: If the business address is vacant or abandoned, try personally delivering the document to the director or partners personally.
Authorized Representatives: Ensure you're serving someone with the authority to accept legal documents at the business.
Business Hours: Ensure to serve during official working hours.

Avoiding Common Mistakes

Mistakes:

Delivery to an old address.
Assuming an unauthorised person will deliver on your behalf correctly.
Delivery which leaves the Court doubtful if the other party actually received the letter.

Prevention:

Always verify the current address before delivery.
Check the company's official registration.
Ensure to obtain valid proof of delivery.
Follow Up: If using a third-party for service, always check for updates and ensure they have completed the task.

How to Deliver Your Letter of Demand

Personal Service

Sheriff's Office

Attorney Assistance

Where to Deliver Your Letter of Demand

Understanding Proper Service

To Satisfy This Requirement