WHAT HAPPENS IF I CAN’T SERVE THE LAWSUIT?
If you can’t serve a party this can become quite a nightmare. Especially, if you’re suing more than one party.
See my discussion about How to serve court documents?
Also see my discussion about What is an Affidavit of Service?
Always ensure you check the expiration period in which you must serve. For example, in civil court you must serve the lawsuit within six months. Failure to do so, will render the lawsuit null and void as if it never existed.
Always, check the Ontario Rules of Civil Procedure for civil cases and the Ontario Family Law Rules for family court.
If you can’t serve the other party, then your only option is to bring a motion to court as soon as possible. When bringing a motion you may ask for substituted service or service to be effective at the last known address or service to be dispensed or an extension for time to serve.
Most, civil litigation lawyers will often option to throw everything and the kitchen sink in to stay on the safe side.
To be truly successful on this motion the party looking to serve must successfully demonstrate they have made reasonable attempts to serve. The unwritten rule is generally about three times. Also, three reasonable attempts. If the party wasn’t home at 10:00 AM on a Monday don’t expect its fair to return at 10:30 AM. They may be work.
Also, courts will want to ensure you have the most recent up to date address for the individual. This can also become tricky. Especially, if the individual has no fixed address. If you don’t have the most up to date address don’t be surprised a court tells you to buzz off, and return when you have done more homework. This might involve hiring skip tracers.
In many situations even after complying with the above the court may simply grant you an extension for time for service. Which means, you’re basically back at square one, but the original six month limitation has been extended. That means you need to reattempt possibly another three times to serve.
If your family law lawyer or your civil litigation lawyer is using the services of a process server this can become very expensive. If you’re serving on your own expect to take time off work or be sleuthing around in the evenings trying to find the person.
Serving people is truly a headache. One that should be eliminated by virtue of all the great technology we have.
After all, if you were conversing with the prospective Defendant yesterday via email. Why can’t you simply serve them with a claim? Aside, from the obvious that they Defendant could claim they never received it.
Bringing a motion in regards to service can be a headache. Call a civil litigation lawyer today to find out more.
CIVIL LITIGATION LAWYER NEAR ME?
If you need a civil litigation lawyer in Burlington.
I provide legal services in Burlington, Milton, Hamilton and Oakville.
My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211
