Court Paper Serving

22 Frequently Asked Questions About Process Serving Table of Contents

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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?

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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 :

https://processservertoronto.ca/19-frequently-asked-questions-about-process-serving/[2021-02-06 2:02:34 PM]

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.

https://processservertoronto.ca/19-frequently-asked-questions-about-process-serving/[2021-02-06 2:02:34 PM]

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 onthe-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

https://processservertoronto.ca/19-frequently-asked-questions-about-process-serving/[2021-02-06 2:02:34 PM]

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.

https://processservertoronto.ca/19-frequently-asked-questions-about-process-serving/[2021-02-06 2:02:34 PM]

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.

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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 https://processservertoronto.ca/19-frequently-asked-questions-about-process-serving/[2021-02-06 2:02:34 PM]

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 https://processservertoronto.ca/19-frequently-asked-questions-about-process-serving/[2021-02-06 2:02:34 PM]

22 Frequently Asked Questions About Process Serving

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?

https://processservertoronto.ca/19-frequently-asked-questions-about-process-serving/[2021-02-06 2:02:34 PM]

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? https://processservertoronto.ca/19-frequently-asked-questions-about-process-serving/[2021-02-06 2:02:34 PM]

22 Frequently Asked Questions About Process Serving

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 https://processservertoronto.ca/19-frequently-asked-questions-about-process-serving/[2021-02-06 2:02:34 PM]

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 https://processservertoronto.ca/19-frequently-asked-questions-about-process-serving/[2021-02-06 2:02:34 PM]

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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 https://processservertoronto.ca/19-frequently-asked-questions-about-process-serving/[2021-02-06 2:02:34 PM]

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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 https://processservertoronto.ca/19-frequently-asked-questions-about-process-serving/[2021-02-06 2:02:34 PM]