Serving Bankruptcy Petitions: Showing the Court You’ve Done Everything Possible

Serving Bankruptcy Petitions: Showing the Court You’ve Done Everything Possible

In this article, we look at how process servers can help with serving bankruptcy petitions efficiently and in line with court expectations.
Serving a bankruptcy petition on an evasive debtor can be one of the more challenging aspects of insolvency work. While the rules require petitions to be served personally wherever possible, in practice, achieving this can take persistence, planning, and detailed evidence.

At Tremark, our experience has shown that success in serving bankruptcy petitions often comes down to one key principle – being able to demonstrate to the court that every reasonable effort has been made to achieve personal service. When the judge is satisfied that nothing more could realistically have been done, they are far more likely to make a practical order that avoids further delay and cost.

What the Court Needs to See

The court will only grant an order for alternative service when it is satisfied that:

1. Personal service has proved impracticable; and
2. The debtor is likely aware of the petition or the proceedings.

The process server’s task is to help the court reach that conclusion – not through assumption, but through clear, detailed evidence. The goal is to leave the judge thinking:

“I can’t think of anything else the process server could have done.”

That’s when the court is most likely to make an order, such as permitting service by first-class post to the last known address.

The Importance of a Letter of Appointment

One of the most effective tools available in serving bankruptcy petitions is the letter of appointment. This letter sets out when the process server intends to attend the address to serve the petition and offers the debtor the opportunity to either:

• Attend the appointment; or
• Rearrange for a more convenient or discreet time.

It’s professional, fair, and transparent – giving the respondent every chance to cooperate. And if they don’t, it helps demonstrate to the court that the debtor was aware of what was happening and chose not to engage.

Letterbox the Bankruptcy Petition or Not?

Where residency is confirmed, and on the date and time specified in the letter of appointment, the process server may choose to post a copy of the bankruptcy petition through the respondent’s letterbox if the respondent does not attend the appointment.

It is important to note that this action does not constitute good service in itself. However, it can assist in persuading the court to make a more favourable order for substituted service when serving bankruptcy petitions – for example, by allowing service to be effected by first-class post rather than requiring further personal attendance.

There are also practical benefits. Once the debtor receives the petition, they may contact the creditor’s representatives to make repayment proposals or decide to attend the scheduled court hearing. If the respondent does appear in court, the judge may well infer that the petition did come to their attention, further supporting the application for substituted service.

Gathering Evidence that Tells a Story

A persuasive witness statement does more than list the times and dates of visits. It should tell the story of what was done, what was seen, and why the process server believes the debtor lives at a particular address.

Judges are human, and small, real-world details often make the difference. For example:

• A neighbour confirms the debtor was seen recently – especially after the letter of appointment was left.
• Curtains that were open on one visit and closed on the next.
• Post accumulating, milk bottles appearing, or other signs of recent occupancy.
• Attempts to contact the debtor by SMS, WhatsApp, or social media.
• Enquiries confirming a link to an employer or property.

Each piece of information builds a picture that the debtor is aware of the petition and is evading personal service.

What a Good Outcome Looks Like When A Debtor is Avoiding Service

When the evidence is well-documented, balanced, and clearly reasoned, the judge can see that the process server has used good judgment and persistence in serving the bankruptcy petition. The ideal result is an order along the lines of:

“Service may be effected by first-class post to the respondent’s usual address.”

This avoids unnecessary adjournments and additional costs – exactly the kind of practical outcome both the creditor and the court want.

Conclusion on Serving Bankruptcy Petitions

Personal service remains the starting point for bankruptcy petitions. However, when it isn’t possible, the key is to show that every reasonable effort has been made.
At Tremark, our process servers are trained to think creatively, record every detail, and present clear, persuasive evidence. The combination of thorough groundwork and professional presentation often makes all the difference.

Need Help Serving a Bankruptcy Petition?

At Tremark, we provide a professional, nationwide process serving service with transparent fixed fees.
Our set fee includes up to three visits to an address, often at different times of day – including evenings and weekends – to maximise the chances of successful personal service.

We also offer three levels of service to suit your case and timescales:

• Standard Service – first visit within 5 business days
• Urgent Service – first visit within 48 hours
• Same-Day Service – immediate attendance where time is critical

Each instruction includes a full proof of service (certificate or witness statement) at no additional cost.

📄 Full details are available in our attached Process Serving Overview (2025).

👉 Contact our experienced process serving team today to discuss your requirements or request a quotation.

📞 0113 263 6466  📧 info@tremark.co.uk  🌐 www.tremark.co.uk