Litigation

Alternative (substitutional) Service on a defendant

Do You Need A Substitutional Service Order In Alberta

When you sue someone a requirement exists for serving papers that start your claim on the individual or individuals you look to sue. Substitutional service orders are not needed in every lawsuit. If locating the person and serving them does not pose a problem, this is not something that you need. If you cannot serve an individual, then you may need one of these orders from the court to start your lawsuit. The substitutional service order lawyers in Calgary, Alberta can help.

What Is A Order For Substitutional Service?

Normal service of a civil claim or statement of claim may be done by, depending on the type of claim, personal service or registered mail. If you cannot locate the person, you may be able to apply for a substitutional service order. A substitutional service order must be made to the level of court for which you have filed a claim. A requirement exists for several attempts at service before asking for an order. The application for a substitutional service order is asking the court for permission to serve the person in a way that is not standard.

Types Of Substitutional Service Orders

There are a variety of ways that you can serve a person. If you have permission through a substitutional service order from the court. The key includes presenting a logical rational on how that form of service actually ensures the individual or individuals receives the documents. For example, a substitutional service order can grant permission to serve a person through:

• A newspaper advertisement;
• a close friend or family member of the defendant;
• email;
• Facebook; and lastly
• any other means that the court considers reasonable that the defendant will have notice that he or she is being sued.

Before You Can Substitutionally Serve Someone

Before you can even ask for a substitutional service order, you must make a serious effort to find the defendant to serve them in a normal way. When trying to secure this type of order, you will have to bring evidence that you have made real efforts to locate the person to serve. If you can show this, the court will usually grant this type of order to you. One of the ways of showing that you have tried to find the person is through a phone directory search.

How Substitutional Service Order Lawyers Can Help

Many people represent themselves in small claims court. Others represent themselves in the Court of Queen’s Bench. While there are pros and cons to doing this, many of those people are unable or unwilling to represent themselves for getting a substitutional service order. The lawyers at Kahane Law Office in Calgary can help you get this order on a limited scope basis. This means this is the only part of your lawsuit that you are hiring us for. Of course if we are acting for you in your whole lawsuit, this is a service we offer as well.

How To Reach Us When You Cannot Find Your Defendant