Serving an individual can be very challenging when they do not want to be served. You might wonder what might happen if the individual you are trying to serve can't be found. There are several steps that might be taken in this situation.
Generally, a process server will make three attempts to serve an individual. If they are not able to serve them, the next step will be to offer you the option of purchasing another package or you may choose to make a request to the court that you be granted permission to service the respondent in another way.
Other Methods of Serving
The other methods you can use to serve someone are more varied than you might think. For example, you may be able to serve an individual by email, by certified mail, or by leaving the documents with someone that you know.
Another option is to take out an ad in the newspaper. This can draw more attention to your case and you might not prefer this approach, but it will make it more difficult for the respondent to claim that they were not properly served. You will have to start with a process server first, but you may turn to these methods after three tries with a process server.
The process servers work every day of the week so they can approach the individual being served at the best time. They will also attempt to serve an individual on the holidays. However, this may require that you pay an additional fee.
Skip Tracing
This is a service that is often provided by a process server which is essentially a private investigation service. With skip tracing, the private investigator will try to hunt down the respondent so they can be properly served.
In Canada, it is illegal to act as a private investigator without the appropriate license. Therefore, the process server will either need to also be a licensed private investigator or they will need to hire a private investigator. However, a private investigator can be surprisingly effective at finding someone when using publically available data and government data that a private investigator will have access to.
Individuals who try to avoid being served are not doing themselves any favors and may make the judge angry by delaying the legal process. However, for those who simply don't want to be served, a process server is the best option.
Reach out to a professional near you if you are in need of finding someone in a specific area, such as a process server in Canada.
Share
