There are various ways that you can notify someone about a legal case. You could have an email sent to them, a letter sent in the mail, or the legal documents could be faxed to them. However, the best approach is to have the documents hand-delivered. Then, you can verify that the other individual has received the documents. You will not be able to deliver these documents yourself since you are involved in the case. However, you will be able to have them delivered by a process server in Canada.
The Process Server
A process server can be anyone who is over the age of 18. However, a professional process service is the most effective way to make sure that your legal documents are delivered in the right way and that the delivery is documented. There are rules and procedures that must be followed. If you do not follow these procedures, the serving process might not be considered valid.
Why Process Serving is Essential
It's essential to serve an individual involved in a case because they have the right to know the details of the case. Therefore, you will need to serve the individual to be able to properly notify them that they are involved in active litigation.
For example, if you file a lawsuit and the individual does not appear in court, you might win through a default judgment. However, if it is later determined that the defendant was not properly served, the default judgment might be thrown out because the defendant could not have known that they were expected to appear in court.
A process service will use private investigation skills to locate an individual who they are trying to service. If they are not able to find the individual, they might be able to receive permission from the court to use a substituted service.
The alternative to a personal service is a special service. This involves leaving the documents with another adult. Another copy must be sent to the recipient's address. Only if this option and the personal service are not available will the process server be allowed to use a substituted service and serve the defendant by mail.
If the process server is struggling to serve the defendant, and they have thoroughly documented it, it will then be possible to file an affidavit of service so you can move forward with your case.Share