Court Paper Serving

22 Frequently Asked Questions About Process Serving

Table of Contents 

1. Who is a Process server?

•2. How much does a process server cost in Ontario?
•3. What is the legal process server?
•4. How does a process server find someone?
•5. What is a process server notice?
•6. What is a special process server?
•7. How many times can a process server come to your house?
•8. What happens if a process server can’t serve you?
•9. What is a process server allowed to do?
•10. What is a civil server?
•11. What is a certified civil process server?
•12. Why would a process server come to my house?
•13. Why would a process server be looking for me?
•14. How many times will a process server attempt to serve court papers?
•15. Where to hire a process server?
•16. Can a process serving be avoided?
•17. How much does process serving cost?
•18. What is process serving?
•19. Do process servers charge for rush service?
•20. Can you tell a Process Server to leave your property?
•21. Can you refuse to accept court papers from a process server?
••22. Can you interfere with a Process Serving or Service of Process?

1. Who is a Process server?

A legal officer, court official, firm or individual engaged in serving legal
documents to a person drawn in a legal case is called a process server. In
some climes, a process server performs a variety of tasks including the filing
of court papers, legal document retrieval, and process service.

After they have served the paper, process servers have to ensure that they
deliver evidence that the papers were actually served to the right person or
are appropriately sub-served — technically known as an Affidavit of Services

For all issuing and filing of legal documents, Call (289) 324 9495. You can
locate us at :

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22 Frequently Asked Questions About Process Serving

Process Server Toronto
10 Four Seasons Pl
Suite 1000
Toronto, Ontario, M9B 6H7
GPS: 43.6488887, -79.38499919999998
Telephone: (289) 324 9495

 

2. How much does a process
server cost in Ontario?

 

Well, depending on the process server or process serving agency you engage.
Routine process service can cost you in the range of $80, plus an additional
$0.65 mileage fee and other fees i.e. parking, photocopies, affidavits, etc.
Meanwhile, for rush service, you can pay as much as $45 + $80.

However, you need to consult the firm or private individual you’re hiring in
Toronto as your process server to know exactly how much they are charging
for their process serving services and other extra fees.

 

3. What is the legal process
server?

 

A legal process server is a private individual, group of persons, company, or
law firm that is hired to carry out the task of serving court papers and legal
documents to an individual who is drawn in a lawsuit. The legal process
server carries out a number of tasks including filing court documents,
retrieving legal papers, and serving service or process documents.

 

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22 Frequently Asked Questions About Process Serving

4. How does a process server find
someone?

 
Beyond ensuring process service is performed in accordance to the dictates
of the law, the process server also has the responsibility to fish out an evasive
defendant or the individual for whom the process is meant but whose
whereabouts are unknown. So, a process server can also act as a private
investigator — skilled and empowered in finding and locating the insurance
claimants, persons caught up in lawsuits. That being said, according to to
Ontario law, it is illegal to sell or carry out private investigation services
without a private investigator agency license.
Skip tracing is one of the skills used in many fields to locate a person’s
whereabouts for any number of purposes. A process server can also use this
method to locate the defendant. Serving as a skip tracer, the server tries to
find out the location of the skip.
 

 
The law requires that the process server thinks outside the box. There are
factors to consider in an attempt by a process server to find and locate an on-
the-run defendant or individual in a lawsuit. Some of the steps to take include
knowing full identity detail of the person including name, date of birth, last

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22 Frequently Asked Questions About Process Serving

known address, daily habits, vehicle, job, among other details.

The process server will also need to know the Social Insurance number (if
required) of the person, license plate number, past addresses, names of
relatives, occupation information criminal history, etc. to find the
whereabouts of the person.

 

5. What is a process server
notice?

 

A process server notice is a legal document, which can be in the form of
writs, complaints or other legal documents, served to a defendant or person
caught up in a legal matter. The notice is served to inform the defendant of
the initial lawsuit filed against him by another party through an order from
the court.

 

6. What is a special process
server?

 

A special process server is a “private server” hired by a party in a lawsuit to
do a yeoman’s job in the procedure of serving court papers. Special process
servers are often hired to carry out special court assignments. Unlike the
general court process server, special servers are skilled in one kind of court
case or the other.

They do not engage in general process serving services. Instead, they are
engaged in special cases.

 

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22 Frequently Asked Questions About Process Serving

7. How many times can a process
server come to your house?

 

There is no limit to the number of times a process server can visit you or
come to your house to serve you. Once the papers have not been delivered
and you have not acknowledged the receipt of the documents that you are
served with. The process server can continue to make attempts in other to
have you acknowledge or sign them. However, in Toronto, the Process
Server can attempt to serve the document on the respondent three times.

 

" If the Process Server fails to serve
the documents after three attempts,
the applicant can go to the court
and ask for a substitute or
alternative service.

 

What is proper is to make yourself available to receive the papers and
endorse their receipt. In some cases, you may serve the recipient by placing
the document next to them or drop it on the floor next to their feet in cases
where they refuse to accept the document or are ignoring you. So long as you
have a proof ( video) to show that they have been served, that suffices in
court.

 

8. What happens if a process

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22 Frequently Asked Questions About Process Serving

server can’t serve you?

 

If a process server can’t serve you, two things may be involved. It is either
you are avoiding being served or you’re not available during the number of
times the notice of the initial legal action is served. If the latter is the case, it
means the plaintiff will have to continue to explore every means including
serving you through i.e. the newspaper, email or mailbox (depending on the
type of process serving documents) —the judge can allow the papers to be
left at your home or business place with any competent person above the age
of 18 – substituted or alternative service.

However, if it the case of you avoiding being served, legal action can be
taken against you once every option has been explored and the fact is
established that you’re deliberately trying to avoid being served. The only
thing is that the process of suing you could become a little difficult for the
person charging you to court.

However, not being able to serve you does not stop the lawsuit from
proceeding.

 

9. What is a process server
allowed to do?

 

The principal job of a process server is to serve or deliver court documents
such as Statements of Claim or summons upon a defendant or a person
drawn in a case. However, the process server must operate within the limit
and provisions of the law in the area of service. One of the things he is
allowed to do is to hand the documents to the defendant personally. He could
also sub-serve by handing over the legal documents to someone in the same
household/business as the defendant. However, in case where the recipient is
ignoring the process server, the documents can be served by leaving it next to
the recipient.

Such a sub-serving person must be 18 years and above. Once the documents

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are delivered, the process server is empowered by law to provide the court or
the serving party a notarized proof that the papers have been served.
At the end of the service, the process server is expected to return to the court
and complete an Affidavit of Service or Proof of Service form.
 

10. What is a civil server?

 
Just like Process Servers, a civil process server is one who is responsible for
serving an individual or person involved in a civil court case. The work of
the civil server is limited to civil, matters. He does not serve or deliver
documents pertaining to criminal cases. The server undergoes training in this
field and he is able to carry out all tasks related to his area of expertise in
civil matters.
 

11. What is a certified civil
process server?

 

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22 Frequently Asked Questions About Process Serving

 

A certified process server is one who has been licensed to act as a process
server. Before a person is certified as a process server, he or she must have
completed a set of state-approved courses, training and testing. He or she can
then apply for a certified civil process server license in the state they live in.

Some states in the US require that such an individual server undergoes
ongoing training and courses to ensure that the individual keeps up with the
fundamental functions of a process server.

However, other states in the US and in Canada, you don’t need to be certified
in other to undertake Process Serving assignments.

 

12. Why would a process server
come to my house?

 

A process server would come to your house only on the order of the court. A
party to a lawsuit through the court can mandate a process server to issue
you, the defendant, a notice of initial legal action against you. If you don’t
want a process server to come to your house, a simple answer will be – don’t
get involve in a case (pay your bills, live responsibly and stay out of trouble).
But having a process server around your house does not suggest you’re a
convicted criminal.

The processes only need you to respond to a lawsuit against you (which you
may not be in familiar with). All you need to do is to receive the document
and  consult your lawyer.

 

13. Why would a process server
be looking for me?

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The process server can be looking only for one thing: to serve your papers.
So, if a process server is looking for you, then it means there is someone
looking to sue you, either for divorce, child support, or any other legal
matters. Regardless of where you are, the process server has the
responsibility to find and serve you the court documents. The task of the
process server is not only to serve you court papers but also to get you to
officially receive the papers (if applicable).

 

14. How many times will a
process server attempt to serve
court papers?

 

A process server can attempt as many as possible times to ensure that the
person for whom court papers are intended is served. The server can explore
as many as possible means to ensure that the entire task is achieved.

Especially, if you are running away from being served, the process server can
keep coming and trying every legal means to ensure that you officially
receive and acknowledge the papers (if applicable). In Toronto, the Process
Server will attempt to serve the respondent THREE TIMES after which the
plaintiff can go back to the court for substitute or alternative service.

 

15. Where to hire a process
server?

 

You can hire a process server through a law firm or a Process Serving
company. You can as well engage individual lawyers or private individuals
who have been trained and tested to carry out tasks relating to process

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22 Frequently Asked Questions About Process Serving

serving. You can find Process Servers in your area by looking up the term ”
Process Serving” or “Process Server” on Google. I am 100% sure that you
will find a number of them in your neighborhood.

 

16. Can a process serving be
avoided?

 

Ideally you should not avoid being served a court process. The law will
eventually catch up with you. Even though you naturally don’t want to be
served court papers or engaged in a lawsuit, yet you don’t have much say
over when you’re being served the papers.

Some people prefer skipping town to avoid being served, though it might not
be a wise decision to make. Some provinces in Canada have a limited
number of times the process server can visit you. And if they don’t get to
serve you with court papers as a result of your absence, the court will swing
into the next action.

Don’t think that you cannot be sued if you don’t get to be served by a
Process Server, this is not true.

With that being said, the most reasonable thing to simply acknowledge the
process serving documents and sign it (if applicable), and follow the legal
process to answer all allegations.

 

17. How much does process
serving cost?

 

Depending on the province you are in Canada, the cost of a routine process
service can range in the region from $60 —$100 (for up to 2 attempts). In
fact, some provinces charge a higher process service fee, while other

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province charge lower.

However, you can incur mileage cost once it is becoming a little difficult for
the Process Server to locate the defendant. It is important you understand the
service charge in the state you live in.

 

18. What is process serving?

 

Also referred to as service of process, process serving is the process through
which a party to a lawsuit serves an appropriate notice informing another
party (such as the defendant) of initial legal action. This service empowers
the serving party to exercise jurisdiction over the other party. It also requires
the served party to respond to the proceeding before the court.

 

19. Do process servers charge for
rush service?

 

Rush service charge refers to an additional charge a Process Server charges
in cases where the documents to be served are to be served in a rush. For
example, If an applicant or plaintiff has a rush serve or needs papers served
the following day or on a holiday, they will have to charge for “Rush
Service” – an additional fee of $30 – $50.

20. Can you tell a Process Server
to leave your property?

 

If a Process Server is at your home or office to serve you, by law you can ask
him or her to leave your property. However, if they are there to serve court
documents, it is better to comply with the service. Furthermore, it is frowned

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upon to interfere with a service of process.

 

21. Can you refuse to accept court
papers from a process server?

 

If a process server comes to serve you (the respondent) with court papers and
you refuse to accept them. The process server can leave the documents by
your feet and that would considered as a successful “Service of Process”. In
other words, you have been “SERVED” whether or not you accept the court
papers.

You would only complicate matters for yourself if you don’t acknowledge a
service of process.

 

22. Can you interfere with a
Process Serving or Service of
Process?

 

There was a time when i went to serve a document on a respondent at her
place of work and the manager of the company interfered with the service of
process (he lied she wasn’t available) even though some of the employees
confirmed she was upstairs and called out her name.

I told the manager he was interring with a “court process” which is frowned
upon but he insisted that i leave his property. I left the property and
documented the attempt to serve as “Manager interfered with court process”.

 

IMPORTANT

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