When The Defendant Doesn't Want To Be Served In Canada

The most difficult part of a legal case is servicing everyone who needs help. Each party has paperwork that they must be given to complete. You must notify an individual that you will be taking them to court, and you must also show the paperwork that you will be submitting to the court. In some cases, the defendant doesn't want to be served, but there are some ways to resolve this issue.

The Requirements for Serving

When you will be servicing someone, it must be in a language that they understand. Therefore, if an individual does not speak English, you may need a translator to translate the document into the individual's native language so they can be properly served.

Make sure that the document is complete and concise. It will need to be signed by a court official or an attorney. Alternatively, the individual who signs it could be commissioned by the court. The document then needs to be sent to the correct central authority.

How to Serve Someone Who is Difficult to Serve

You will have a deadline to serve documents in Canada. If you need more time, you will be able to file a motion to have your time extended. If you are not able to serve the individual because they are avoiding you, another option is to request a substituted service of the claim.

There are several options available for a substituted service of the claim. You could leave the documents with a relative. You could post the claim on the door of the residence of the recipient. You could also serve the individual at their workplace. However, with a substituted service, you must include a copy of the order and the notice of motion along with your claim.

The Role of the Process Server

A process server is an individual who is allowed to serve legal documents. This individual serves multiple roles including the process service, the filing of court documents, and the retrieval of legal documents.

The legal process server is a private individual who can be hired by you or a law firm and is trained to locate an evasive defendant using tactics similar to that of a private investigator. The process server can use publically available data, such as a phone number found in a phone book and government data, to track down the defendant.

Information that you can provide to the process server might make it easier for them to locate the defendant. For example, their job and daily habits can help the process server track down the defendant so you can move forward with the case.

For more information, contact a process server in Canada.