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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-12-2017, 07:13 PM
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Default Form 10 response

Hi,
Iam in somewhat of a confusing situation. Iam the respondent and I was not properly served (because documents were left at the door). And I went to the courthouse and verified that there is no Affidavit of Service filed with the court.
However, on reviewing Form 8, I found that there is no court date set, but there is a paragraph that says that I must file an answer in 30 days from the time I was served.
My question is whether I can get an extension of time to file Form 10 (answer) and if so, how do I do it ?
Also, since there is no affidavit of service/affidavit of delivery filed with the court, am I still bound by the 30 day time limit to file Form 10 ?
Appreciate sharing your thoughts on this.
I live in Ottawa, ON.

Thanks
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Old 01-13-2017, 11:06 AM
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Originally Posted by ottdiv View Post
I am in somewhat of a confusing situation. Iam the respondent and I was not properly served (because documents were left at the door).
This is a very common form of service. I wouldn't dig on the technical details of "service". Your act of attending at the court house and reviewing the documentation identifies you were in fact served.

The courts won't care if it was the "proper" service. They will care if the job was done. Clearly it was. You have the materials.

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Originally Posted by ottdiv View Post
And I went to the courthouse and verified that there is no Affidavit of Service filed with the court.
They are not required. They also can be filed at any time. If the documents you were served are on record and the only reason you knew they were was because you were served with them - You should respond.

Quote:
Originally Posted by ottdiv View Post
However, on reviewing Form 8, I found that there is no court date set, but there is a paragraph that says that I must file an answer in 30 days from the time I was served.
And you should serve them in 30 days.

Quote:
Originally Posted by ottdiv View Post
My question is whether I can get an extension of time to file Form 10 (answer) and if so, how do I do it ?
You request from the other party this extension and they either consent or don't consent to the extension. If they don't consent then you need to bring a motion to get an extension. 9 times out of 10 they will consent.

Quote:
Originally Posted by ottdiv View Post
Also, since there is no affidavit of service/affidavit of delivery filed with the court, am I still bound by the 30 day time limit to file Form 10 ?
Well, you have the documents, you are aware of their existence and even logged with the court that you verified their existence. So, you should respond in the proper time frame. This "technicality" won't work in your favour.

If the person took a picture of the documents on your doorstep and it is properly time and date stamped you will look like a complete idiot for trying to claim you were not properly served. The key to service is... Did you get the documents? That answer is clearly: YES.

Good Luck!
Tayken
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