If you are involved in a legal matter, you may be served with a lawsuit through a Canadian process server. Serving court papers to another person are the initiation of a legal claim in Canada. Therefore, you need to know how to avoid being served in Canada.
Canada is one of the dreamiest places to live for many people across the world. There are several benefits that you can enjoy living in Canada.
On the other hand, the legal, economic, political, and overall systems are strict in Canada. Let’s begin with a brief overview of being served in Canada.
What does It Mean to be Served in Canada?
Serving divorce papers in Saskatoon is one of the first approaches to a legal matter. Serving court documents in Saskatoon means that the other person has filed a court claim against you.
If and when you are served a document, a legal process server will process the document. Eventually, you will be legally involved in a court matter.
Serving a legal document through court is the official handing over of documents. The documents prove what the other person is telling the court. And what the person is asking the court to do for him or her.
Serving official documents against a name is the initiation of court activities. Without the documents being served, a court cannot begin the legal processes.
The served documents will generally involve some form of action for you. For instance, you may be summoned to the court for a hearing or request an order against your name.
The papers may be served by a person who is not involved in the legal matter in any way. That person is a part of the legal matter that ensures two parties do not engage in unfair matters.
As being served means the beginning of a court process and a call to action, you can avoid the whole thing by following some suggestions.
Read Also: How does Bail Work in Canada?
Our lawyers can help you to avoid being served in Canada with the following services:
- appropriately serve a document
- ensure that the affidavit of service is completed properly
- assist you in resolving court matters
- develop a claim statement
- initiate a claim notice
- provide legal advice
- assemble the legal documentation
How to Avoid Being Served in Canada: 3 Things to Consider
If you intend to avoid being served in Canada, it may not be the most suitable option every time.
Before you learn how to avoid being served, you must remember that a person can send you legal documents in several ways. If the matter is significantly sensitive, you may even be charged with serious legal actions.
Avoiding being served could be a tough choice in many cases. As a result, you have to ensure that whatever you do, there is no possibility of being charged with extreme measures.
Here are 3 things to consider when you want to avoid being served.
Make Sure to Conduct Your Research
The first thing you must do is conduct thorough research about documents serving in your state. It would be best if you were sure whether you could avoid being served or not.
Sometimes, you can even not answer the door or follow up easily. As a result, you can abide by whatever you are being served with.
In addition to this, some states allow others to follow up on behalf of you. For instance, someone else may have answered the door and received the documents.
That person can fill in your place. If the law enforcement official is at your doorstep and you end up answering the service, you cannot avoid whatever you are being served with.
Check If Personal Service is Allowed
If personal service is allowed, the first thing you can do is not answer the door entirely. You can ask others living inside the house not to answer the door as well.
You can also instruct others to tell the law enforcers that you no longer live in that house or apartment. However, you must make sure that you tell a consistent story to others.
In addition to this, you should be aware of people at your workplace to be conscious. Please do not let anyone say anything about you.
Finally, you should be aware of any suspicious person and not open your door for anyone other than you trust entirely.
Check if Sub-service is Allowed
If sub-service is allowed in your state, you can follow a few steps to avoid being served. Firstly, you will have to follow the previous two suggestions.
After that, you should tell your fellow colleagues at work that whenever a server approaches them, they should say that you no longer work there.
Moreover, you can ask your family members to avoid suspicious people.
What Happens If I Avoid Being Served Court Papers?
If you are served with a criminal complaint or request to appear in court, you can avoid that. However, this may be done temporarily. It is not illegal to avoid being served in such cases.
Nevertheless, there could be several consequences of such a decision. Firstly, you may be served a much stronger and newer court order.
It can include you being served without your presence at the time of the service. After that, you may also be served with a more expensive and stronger legal case.
It can significantly hamper your life. Finally, the server may involve other people to get to you. As a result, you may involve too many people in the lawsuit.
Statement of Claim
If someone is unable to serve you, they must get a court order to serve you in a different manner. That is simple to accomplish, but it will take them more time and money. They might be able to acquire an order to serve you by email, ship it to your address, or leave it with a friend.
They may also place an ad in the newspaper, which would be humiliating. As a result, if they have the time and money to invest in delivering the document to you, you can’t escape being served. You may, however, make things tough for them.
They will send a process server to find you if you don’t pay your credit card or miss your mortgage payment. They’ll bring a copy of the claim notice or petition with them. Many individuals may attempt to avoid dealing with the process server. You also won’t be able to avoid a lawsuit by refusing to serve.
How a Process Server Could Still Reach You: 5 Possible Ways
If you have initially avoided being served, you can still be reached. A process server can reach out to you through several channels. Here are 5 ways a process server can still reach you with service documents.
Through Certified Mail Order
A process server has legal permission to reach out to you through certified mail. Therefore, you can be served in Canada through mail order.
Eventually, the process server can show that you have been delivered with service documents despite you responding or signing it or not.
Through Serving at Your Workplace
A process server is also legally allowed to send papers to the place you work. That is precisely why you should be careful about what your colleagues say to the process server.
Through Reaching Out to Other Members of Your Household
The process server can reach out to your roommate, adult child, or even your parents. That is referred to as “substitute service.” Your family members and people close to you are considered with equal value to serve papers.
Through Posting on Your Front Door
You may still keep on avoiding yourself from being served. Eventually, a process server may request the judge to post papers to your door.
Through Public Notice
It is the final approach a process server may take. If you are still avoiding being served, the process server may end up posting a notice in the local newspaper.
Being served with papers can be a simple procedure if the case is straightforward. However, you may have to go through many hectic activities if the case is complex and lengthy.
Therefore, it is sometimes beneficial to know how to avoid being served in Canada. Follow the suggestions mentioned throughout the article to stay a step ahead and save yourself from a lot of trouble.
Frequently Asked Questions
Is It Illegal to Avoid Being Served in Canada?
No, it is not illegal to avoid being served in Canada. However, there may be some consequences due to the avoidance.
How Can I Still Be Served After Avoiding Being Served?
There are several ways a process server can still reach out to you even after you avoid being served. One of the most common ways is through mail order.
Can You Lie to a Process Server?
Although it is not illegal, you should not lie to a process server. You may be charged with extreme measures with court orders if the process server catches you lying.
How Can You Find Out the Reasons for You Being Served?
The simplest way is to go to the district court in your locality. After you go there, you can check whether any cases have been filed against your name or not.