Log in

View Full Version : Is a process server able to leave the papers at the house of a family member?


kd6cwv23
Nov 8, 2010, 05:29 PM
I live in Ontario Canada.

Is a process server legally able to leave the process papers at the house of a family member, even though I may not live there?
If I cannot be properly served in person, does the plaintiff/ court have any other options that would stand up to legal scrutiny?

Thanks for all answers in advance.

Fr_Chuck
Nov 8, 2010, 07:44 PM
Yes, there are many other options depending on the type of court. Next is the address listed ( family) a address you have used as yours in paper work, to make them believe you live there ?

Many services do not require you be served in person, posting on the door of your last known residence is OK for some service,

**** YOU did not say what the service was for

kd6cwv23
Nov 9, 2010, 10:30 AM
Thanks for your reply.

The service would be for a civil litigation (not criminal) matter.

I'm seeking info specific to Ontario law, keeping in mind that poor or incorrect service could weaken the case of a plaintiff if challenged.

If documents could be dropped off indiscriminately, anyone could be sued for anything without prior knowledge, and a default judgement could be made against a defendant. The defendant would have no opportunity to defend himself/herself.

Given this, what are the laws in Ontario regarding process service?

Thank you!

kd6cwv23
Nov 9, 2010, 12:39 PM
I found some info on my own today.
I'm posting the link here for others who may require such information.

http://www.isthatlegal.ca/index.php?name=service.small_claims_court_law_onta rio#Service Methods

Again, this applies to Ontario Canada