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This is an example of a letter requesting substituted service. It is important to write your letter using your own details and based on your own circumstances. If you need more help, get legal advice.
Case study - Meena and Fantastic Florists
Meena runs a small business from home, doing website design and IT support for other small businesses. One of her regular clients, Fantastic Florists, has failed to pay her invoice in the amount of $4,000 for the website she built. Meena sent a couple of reminder letters but there has been no response. She tried to contact Fiona from Fantastic Florists by telephone but could not reach her. Meena sent a letter of demand to Fantastic Florists. Fiona from Fantastic Florists offered to pay for part of the outstanding invoice. Meena refused Fiona's offer and has started legal action in the Small Claims Division of the Local Court to recover the outstanding amount from Fantastic Florists. She has tried to serve Fiona Frame with the statement of claim by post and in person. She has found Fiona's mother's address and would like to serve Fiona at that address. She asks the court to allow substituted service.
Meena Vishwana12/32 Campbell StreetBlacktown NSW 2148
15 January 20xx RegistrarBlacktown Local CourtPO Box 217Blacktown NSW 2148
Re: Vishwana v Fiona Frame trading as Fantastic FloristsFile No SC20xx/766
The statement of claim in this case was filed on 19 November 20xx.
I have not been able to serve the statement of claim personally or by post, and I would like to make an application for orders for substituted service. I am seeking orders that the statement of claim be served by sending it to Joyce Frame, the mother of the defendant, at 15 Kelvin Place Erskine Park NSW 2567.
I have enclosed an affidavit in support of my application for orders for substituted service.