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Paragraph 23.8 Service of charge where address of defender is unknown

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If the address of a defender is not known to the pursuer, a charge shall be deemed to have been served on the defender if it is–

(a)

served on the sheriff clerk of the sheriff court district where the defender’s last known address is located; and

(b)

displayed by the sheriff clerk on the walls of court for the period of the charge.

(2)

On receipt of such a charge, the sheriff clerk must display it on the walls of court and it must remain displayed for the period of the charge.

(3)

The period specified in the charge shall run from the first date on which it was displayed on the walls of court.

(4)

On the expiry of the period of charge, the sheriff clerk must endorse a certificate in Form 29 on the charge certifying that it has been displayed in accordance with this rule and must then return it to the sheriff officer by whom service was executed.