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Process servers

Region: Ontario Answer # 929

A process server is an individual who has been hired to deliver, or “serve” legal notices and court documents to individual parties, or their legal representatives, involved in a legal action.

This delivery of documents is known as “service of process”.  It is a legal procedure required by courts and other tribunals of giving proper notice to all parties when facing legal action against them in a court of law or an administrative court.

Notice is given to ensure parties are aware of:

  • which court or tribunal the legal action is taking place in (Civil Court, Family Court, Small Claims Court),
  • the claims or statements made by opposing parties, and
  • any deadlines for responding.

Process servers must deliver documents as per the rules set out in provincial law and guidelines in order for the service to be valid and recognized by the court. The method of delivery, or service, may differ depending on the type of documents, and the rules of the court in which the legal action is taking place. As well, there may be specific legal requirements regarding proof of service, that is, the proof needed to establish the service of process was achieved. Since some individuals may not want to accept service, process servers should have training in conflict avoidance techniques.

While serving legal documents is usually the primary function of a process server, they may also perform a number of other tasks such as filing court documents and retrieving legal documents. They may offer skip tracing services, a tool used to locate persons whose location is not known. Process servers may work independently, for a process serving company, a private investigative firm, or a municipality or court.

For more information, visit the Process Serving section of Legal Line.

Get help

To hire a process server to serve legal documents, file court documents or conduct legal searches, contact our preferred experts:

Ontario Wide Process Servers

Lormit Personal Services


 

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