Frequently Asked Questions

Do I need a Process Server?

Using a professional process server is always highly recommended. Process servers have hardened experience in the field and are unbiased to the legal proceedings, claims, or other disputes they are serving. Professionals have the tools to get things done the right way. Their tools include – but are not limited to – their software and CRM systems, their devices, and their in-vehicle supplies. Getting a friend to serve papers for you in a contentious matter puts your case and your friends at risk. A friend may not be impartial to the proceedings and cast doubt on the legitimacy of the service.

A friend also does not have the experience, tools and expertise to get things done the right way. It is for all these reasons that hiring an impartial, third-party professional is always a sound choice. A professional will also return a properly notarized or commissioned affidavit of service to you, which is accepted at the courthouse or tribunal where your matter is filed. Mistakes in affidavits (typical for anyone who has no experience preparing them) are among the most common reasons for rejected, delayed, or dismissed court proceedings.

Why is Process Serving important?

Process service is a critical component of the legal process. It ensures proper delivery of serious affairs. One cannot simply serve papers by dropping them in a mailbox or sending them via post. “Mailing it in” will always beg the question, did the person properly receive them? There cannot be a secret civil lawsuit against someone, transpiring in the complete absence and unawareness of the Defendant. The favoured and most direct way to serve an individual or business is through personal service.

Suppose personal service cannot be effected on a recipient. In these cases, the next best methods used here in British Columbia are posting the documents to the door,  priority post, email, or serving an adult member of the same household. An order entered in BC Provincial or Supreme Court authorizing service in such a manner must be accompanied by the documents if served alternatively.

How do I have someone Served with papers?

The best way to have someone served with court papers is to place a work order with us by filling out our service request form. Then, all you will need is a device (PC, Mac, Tablet, Android or iPhone) and your scanned service documents (preferably in colour) converted into PDF format. All the information in our request form helps expedite your work order, get the papers served and get your affidavit or proof of service adequately executed and sent back to you.

What are standard documents to be served?

The following is a non-exhaustive list of service documents that are most commonly served in British Columbia.

• Notice of Civil Claim
• Notice of Family Claim
• Petition to the Court
• Affidavit of John/Jane Doe
• Third-Party Notice
• Subpoena
• Appointment to Examine for Discovery in Aid of Execution
• Order Made After Application
• Summons to a Payment Hearing
• Notice of Claim (Small Claims)
• Statement of Claim (Out-of-Province)
• Summons and Complaint (USA)

How long does it take to serve a document?

We guarantee the first attempt is made on all standard and routine services are within three business days of receiving the documents. Additionally, our first attempt is made for self-represented litigants within three business days of receiving your work order and payment. All timelines for rush services are based on availability. One can find a complete breakdown of our rush fees here. Please call or email to inquire about our availability for rush services, and be sure to provide your service deadline.

What can I expect when updated on my file?

You are updated instantly following any service or attempted service. We use cloud-based software to record the date, time and GPS coordinates of the attempt and all court file information. You will be sent an instant email update that includes this information and detailed notes from the process server. These tools are increasingly crucial to proper record keeping in the technological age and vital to bolster your proof of service and our professional reputation.

What if the subject is being evasive?

Throughout the three service attempts, we gather all relevant information regarding the subject’s whereabouts. If unsuccessful after three attempts, we use the information obtained to prepare an affidavit of attempted service. This affidavit of attempted service supports an application for an alternative or substituted means of service. It affirms and provides legally binding evidence that three reasonable attempts were indeed carried out to serve a Defendant personally.

In addition, a court order authorizing the alternative means of service – once obtained – will outline how service is to be carried out if personal service is impractical. Some of the most common types of alternative services include posting the documents to the front door of the house, leaving the documents in the mailbox, or leaving the documents with any individual of the same household that is of legal age.

What if the subject refuses to accept the documents being served?

In British Columbia, service is still considered effected despite a subject’s refusal to “accept service.” The process server must drop the documents at the subject’s feet and walk away in such cases. One of the most common ways subjects refuse service is by failing to verbally confirm their identity to the process server. For this reason, we will often request photo identification to identify the subject. This photograph may later be exhibited in the process server’s affidavit of service. If you cannot provide a photo of the recipient, we will require a complete physical description of the subject.

What if the subject no longer resides at the address provided for service?

We will always try to locate a subject using information obtained during attempted service. If unsuccessful, we can execute a skip-trace which most often result in successfully finding the subject. Skip-traces are considered a last resort as they are a costly option.

How do you serve a subject who resides in a secure building?

If a request is made to serve an individual in a secure building, we will often contact the strata or building manager to request access to the building and unit. Once contact is made, the concierge or building manager will usually escort us to the suite. Requests for building access to strata or property managers can also be denied, but it is part of our best practices to ask.