Improper Service

[minefield]

Just a quick question.My ex just had a document server deliver some court documents. The Form 8: Application (General) has a court file number, but no court seal. The "First Court Date" is also struck out (ie. somebody used a pen to draw a line through a date in March)

I've been to small claims court a couple of times and I'm pretty sure the papers need a court seal to be valid. The Courts of Justice Act Section 8, also states that the seal must be affixed before it can be served.

My ex and her lawyer might be messing with me, but it is possible that it was mistake.

Anybody have any ideas?

[HammerDad]

Treat it as if it was processed, but bring up the issue should you be able to.

It could be a simple mistake on the clerks part, or it could be them messing with you. I would error on the side of caution.

[minefield]

I will be preparing my response, but I will also contact my ex's lawyer and asked to be served properly. Having the appearance of playing games with court documents isn't cool.

[NBDad]

Call the clerk or go in and see them and check to see if the document is on file. Ask for a copy of it to compare what you were served with what they have. Should only cost you a couple of bucks in photocopy fees.

[minefield]

Actually, I'm going to wait a week, get my stuff together and then ask my ex to serve me properly. The problem is that I can't be sure whether I have the original document or a modified one. It could be an error that the lawyer has served me a draft copy, and the real copy at the court house has important modifications.

The courts are extremly picky about serving someone, as both parties need to be on the same page.

[limer]

The application won't have a seal on it from the courthouse. The last page should be signed by both your ex, and her lawyer. If it is not that would be your first flag. If it is then it is most likely filed. The moving party will get a court date later which could be up to a couple of months. This will be your case conference which is without prejudice. I would note whether they filed sworn financial statement with it. Lastly, I'd go down to the court house and ask to see the file. If a court file number has been assigned you can be almost 100% sure it's filed.

[Tayken]

Originally Posted by minefield

Actually, I'm going to wait a week, get my stuff together and then ask my ex to serve me properly. The problem is that I can't be sure whether I have the original document or a modified one. It could be an error that the lawyer has served me a draft copy, and the real copy at the court house has important modifications.

The courts are extremly picky about serving someone, as both parties need to be on the same page.

Technically this isn't improper service. I would do what NBDad recommended and check to see if the materials are filed with the court. The seal doesn't mean much and it is technical thing that the judge will overlook. The Affidavit of Service is much more important than the seal.

Basically what happens is that both documents (the copy you have and the court) is served at the same time. Not possible to go, serve it to the court and then get it sealed. This happens all the time.

I would check with the clerk to see if it is filed and if the time frames for filing are within the Rules.

Good Luck!
Tayken