Are you interested in how to avoid being served in Canada with legal papers? Process servers are the ones that serve lawsuits and divorce papers.

When starting an action or a claim, you need to serve someone in person. This is true unless they confirm they received the documents (maybe by email.)

Once the process server has served you, they can create a sworn document saying where and when they served you. Once being served if you do not reply the other side can try and get a default judgment against you.

We have lawyers who can help you respond to the lawsuit in BC and Ontario if the server catches you. It might be good to book a free consultation with a business lawyer before you get served. You might only have three weeks to file the response to the lawsuit.

If you live in the USA or another country, you will have a bit of extra time.

Business lawyers can help you with the following services:

• serve a document properly
• make sure the affidavit of service is done correctly
• help you deal with court cases
• create the statement of claim
• start a notice of claim
• provide legal advice
• prepare the legal document

When can a server come to your home?

Can a server come to your house after 6 pm? What about weekends? Holidays?

Each company sets their own internal rules for how often and when it will attempt service.

We did the research for you by reviewing three process server companies and reading their rules and FAQs.

Many process servers will attempt service three times as part of their flat fee package. After this, the law firm will have to pay for a new package.

The server completes its service

Either the law firm will pay for a new package, or the lawyer will go to court to try and get approval to serve you some other way (like by registered mail) or by leaving a copy of the document at your place.

Most of the process server companies operate seven days a week (sorry.) They even operate on holidays, although they charge more money on holidays.

If the server completes their service, then they will prepare an affidavit for the law firm. The server will say when and where they served the documents.

Many companies offer skip-tracing services. It’s a private investigator service.

The typical cost for service is $30 per attempt. So as long as the plaintiff is willing to keep paying, the server will keep trying.

Personal Service

If you need to speak to an affordable business lawyer, you can call us below. You can also pick a time for the lawyer to call you.

If it’s the start of the lawsuit, you must be served in person. That means the documents must touch your body.

If you are a company, there are different rules and it will be next to impossible to avoid being served. Any management at your company can be served with the documents.

Someone has two years to start a lawsuit against you. It can be tempting to avoid being served in Canada until the two years run out. They then have one year to serve you with the documents. There are many ways to avoid being given documents.

Moving to another place or telling people to say you no longer work there or live there might work.

Be careful of posting information about where you go on social media. If you go to the same restaurant or park every few days, it will be easy to find you.

Avoid Being Served In Canada

Maybe you have got a letter saying that you are being sued. There is a knock on the door, should you hide? We have even heard of lawyers who have sued who don’t know how to handle it. Don’t make the judge angry by avoiding the legal process.

It’s better to control your own fate and know exactly when the time started to reply. Take on your problems head-on. You have defences that you can use.

You can think about filing a counter-lawsuit to go after them. It’s better to appear strong and explain your defence before they file the lawsuit. There are better things you can do than trying to avoid being served in Canada.

You can see a cool “serving” scene below.

Statement Of Claim

If someone can’t serve you, they will then have to try to get a court order to serve you differently. That is quite easy to do, but it will cost them extra time and money.

They might be able to get an order to serve you by email, send it to your address, or leave the document with someone you know.

They can take out an advertisement in the newspaper, which would be embarrassing. Therefore, it’s not possible to avoid being served if they have the time and money to invest in getting the document to you. However, you can make it difficult for them.

If you don’t pay your credit card or miss your mortgage, they will send a process server to find you. They will bring a copy of the notice of claim or petition. Many people might try to avoid the process server. Also, you won’t be able to avoid the lawsuit by avoiding service.

Avoid Being Served In Canada

They will likely get a substitute order from the courts. They can just put the documents attached to your door. Service triggers the deadline for the time you have to respond. If you don’t know when service happens, they might be able to get a default judgment.

They can then put a lien on your place or seize your wages (with the court order.) It’s better to accept the service instead of trying to avoid it.

If you want to learn about better options than trying to avoid being served in Canada, reach out to us.

Author: Alistair Vigier is the CEO of ClearWay Law