Once you have filed a claim in small claims court, you need to serve the defendant with a copy of the claim form and any supporting documentation. This can be done by mail or in person.
Serving by mail.
To serve the defendant by mail, you must send them the claim form and supporting documentation by registered mail or certified mail. This will provide you with proof of service.
To send the claim form by registered mail, you must take it to a Canada Post office. The Canada Post employee will give you a receipt that shows the date and time that the mail was sent.
To send the claim form by certified mail, you can either take it to a Canada Post office or mail it from home. If you mail the claim form from home, you must use a Canada Post tracking number so that you can track the status of the mail.
Serving in person
To serve the defendant in person, you must give them a copy of the claim form and supporting documentation in person. You can do this at their home, place of work, or any other place where you can find them.
If you serve the defendant in person, you should have someone witness the service. This could be a friend, family member, or neighbor. The witness should sign and date a statement that says they saw you serve the defendant with the claim form and supporting documentation.
Proof of service
After you have served the defendant with the claim form, you must file a proof of service with the court. This is a document that tells the court how you served the defendant and when.
If you served the defendant by mail, you can file a copy of the registered mail receipt or certified mail receipt as proof of service.
If you served the defendant in person, you can file a statement from the witness as proof of service.
Tips for serving the defendant
Here are some tips for serving the defendant with your claim:
- Make sure that you have the defendant’s correct address.
- If you are serving the defendant by mail, use registered mail or certified mail so that you have proof of service.
- If you are serving the defendant in person, have someone witness the service.
- File a proof of service with the court as soon as possible after you have served the defendant.
If you have any questions about serving the defendant, you can contact your local small claims court.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.