How to Serve a Claim

Serving a statement of claim or other originating process correctly is a critical step in commencing civil proceedings. Errors in service can result in your matter being dismissed or delayed. This guide outlines the key steps involved.

Step 1: Identify the Correct Method of Service

The method of service depends on who is being served:

• Individual — personal service is generally required for originating process
• Corporation — service at the registered office or on an officer of the company
• Partnership — service on one or more partners or at the principal place of business
• Government body — specific rules apply depending on the body

Step 2: Locate the Defendant

You need to know where to find the defendant. If you don't have a current address, Citiserve's skip tracing service can assist in locating the person.

Step 3: Effect Service

Personal service is effected by physically handing the documents to the defendant. If they refuse to accept the documents, they can be left in their presence after informing them of the nature of the documents.

Step 4: Obtain an Affidavit of Service

After service is effected, your process server will prepare a sworn Affidavit of Service documenting the details of the serve. This must be filed with the court.

Step 5: File the Affidavit

File the Affidavit of Service with the court registry before the hearing date. Check the court's rules for the required timeframe.

What if the Defendant Cannot Be Located?

If the defendant cannot be located after reasonable attempts, you may apply to the court for substituted service or dispensation of service. Citiserve can provide evidence of the attempts made to support your application.