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