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Difference between revisions of "How Do I Substitutionally Serve Someone with Legal Documents?"
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How Do I Substitutionally Serve Someone with Legal Documents? (view source)
Revision as of 18:09, 23 July 2019
, 18:09, 23 July 2019→Notices in the classified ads
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===Notices in the classified ads=== | ===Notices in the classified ads=== | ||
[[File:SubServAd.gif|right|link=|Legal notices ad for substituted service]]If you have a general idea of where the respondent might be (in Vernon, in the Peace District, in the Lower Mainland, for example) you can ask the court for an order that you serve the respondent by posting an ad in the legal notices section of the area's local paper. The judge <span class="noglossary">will</span> usually specify the newspaper and | [[File:SubServAd.gif|right|link=|Legal notices ad for substituted service]]If you have a general idea of where the respondent might be (in Vernon, in the Peace District, or in the Lower Mainland, for example) you can ask the court for an order that you serve the respondent by posting an ad in the legal notices section of the area's local paper. The judge <span class="noglossary">will</span> usually specify the newspaper and the number of issues the ad must be run in. | ||
An example of this means of substituted service under the old Rules of Court appears at right. In this ad, the plaintiff (claimant) J.H.H. is suing the defendant (respondent) I.L. for orders involving the care and control of a child, child support, and probably other relief. (Note that in the course of making the order for substituted service in this example, the judge hearing the application also made other orders relating to child support, and custody and guardianship of the child. This is a bit unusual. Normally the courts <span class="noglossary">will</span> not make those sorts of orders without notice to the other party, even if that party's whereabouts are unknown.) You can see how this ad: | An example of this means of substituted service under the old Rules of Court appears at right. In this ad, the plaintiff (claimant) J.H.H. is suing the defendant (respondent) I.L. for orders involving the care and control of a child, child support, and probably other relief. (Note that in the course of making the order for substituted service in this example, the judge hearing the application also made other orders relating to child support, and custody and guardianship of the child. This is a bit unusual. Normally the courts <span class="noglossary">will</span> not make those sorts of orders without notice to the other party, even if that party's whereabouts are unknown.) You can see how this ad: | ||
*advises the defendant of the fact of the lawsuit, and provides important information about the style of cause, the court registry, and the court file number, | |||
*states the terms of the order for substitutional service (posting in one issue of the weekend newspaper), | |||
*tells them how to get a copy of the plaintiff's materials, and | |||
*gives the name and <span class="noglossary">contact</span> information for the lawyer representing the plaintiff. | |||
Under Rule 6-4(3), newspaper ads must be in Form F11. This form looks a bit different than the example given here. | Under Rule 6-4(3), newspaper ads must be in Form F11. This form looks a bit different than the example given here. | ||
Be wary of pursuing this means of substituted service: the <span class="noglossary">costs</span> can be quite high, as newspapers sometimes charge special rates for legal notices. The example on the right, which came from an old issue of the ''Vancouver Sun'' probably cost between $400 and $550. | Be wary of pursuing this means of substituted service: the <span class="noglossary">costs</span> can be quite high, as newspapers sometimes charge special rates for legal notices. The example on the right, which came from an old issue of the ''Vancouver Sun'', probably cost between $400 and $550. | ||
===Service through friends, relatives and employers=== | ===Service through friends, relatives and employers=== | ||