Step 3
Serve the summons and provide proof of service
You should make at least two copies of the summons, and keep one for your own records. One copy must be given to the maintenance debtor. This is called serving. A Summons for the Attendance of a Maintenance Debtor must be served by personal service at least 14 days before the court date.
If you cannot serve the summons by personal service, you can ask the District Court Clerk to seek a direction from a judge to allow service by another method. This is called an application for substituted service. A judge will decide if another form of service is acceptable, such as by registered post, ordinary post or email. If the judge grants this request, you can serve the summons by the agreed method.
You must also provide proof that the summons has been served on the maintenance debtor. This is called proof of service. To provide proof of service, you must fill out and declare a form called a Statutory Declaration of Service. This is a declaration verifying that the documents were served on the maintenance debtor. This form must be signed and declared in the presence of a solicitor (but not your own solicitor), a Commissioner for Oaths or a Peace Commissioner.