What Happens If You Can’t Serve Legal Documents? A Guide for Alberta Residents

Introduction:

When initiating a legal process, serving legal documents is often a critical step. But what happens if the intended recipient cannot be served? Whether due to evasiveness, an outdated address, or other challenges, this situation can create delays and frustration. Here's an in-depth look at the implications and your options when someone can’t be served.

Why Proper Service Is Essential

Legal proceedings require the recipient to be officially notified, ensuring they have the opportunity to respond or comply. Improper or failed service can lead to:

1. Case Delays: The court may not proceed without proof of service.

2. Dismissal: In some cases, the failure to serve can result in the case being dismissed altogether.

3. Additional Costs: Reattempting service or using alternative methods can increase costs.

What Are Your Options If Someone Can’t Be Served?

• Verify Their Location
  The first step is confirming that the person resides or works at the address provided. Typically, we will receive home address's or work address's for service delivery. However, in some cases, we can meet the defendant anywhere they might be (Example: You are suing a real estate agent and it is hard to get them at home and they don't have an office. With a special package, we can set an open house date or book a viewing with the realtor and serve them.)

• Employ Substitutional Service
  If the individual avoids being served personally, courts may allow substitutional service. This could mean leaving the documents with a co-resident, employer, or posting them in a conspicuous place.

• Use Service by Mail or Email
  In some cases, the judge may grant permission to serve documents through regular mail or email. However, this must be authorized by the court to be valid.

• Declare the Individual as Evasive
  If someone is purposefully avoiding service, the court can issue orders based on evidence of evasion, such as surveillance footage or attempts to conceal their whereabouts. At EasyProServe, we keep accurate logs of attempts and we also create an Affidavit of Attempted Service, showing the courts when we attempted service and why we think or know they are evading service.

Overall, When legal matters are at stake, you want to ensure that all aspects of your case are handled with the utmost care and professionalism. Hiring a reliable Process Server in Calgary is a crucial. Contact EasyProServe today to learn more about how we take care of our clients and their process serving needs.