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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 04-24-2014, 10:25 PM
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Default Serving of Motion papers

Good evening all,

Question..... I have been trying to serve a notice of motion to the ex as she is now self rep and every time that my friend tries to serve her, she avoids contact so she does not get served.

So I sent through Canada Post and sent a tracked envelop with proof of delivery containing the documents for our upcoming court date next Thursday.

What else can one do to get her served, I kept notes on every time my friend tried to serve.

She does not want to give up the house even though she cannot afford it.....

Thanks
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Old 04-25-2014, 08:48 AM
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Quote:
Originally Posted by Canuck1965 View Post
Good evening all,

Question..... I have been trying to serve a notice of motion to the ex as she is now self rep and every time that my friend tries to serve her, she avoids contact so she does not get served.

So I sent through Canada Post and sent a tracked envelop with proof of delivery containing the documents for our upcoming court date next Thursday.

What else can one do to get her served, I kept notes on every time my friend tried to serve.

She does not want to give up the house even though she cannot afford it.....

Thanks
What about hiring a process server?
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Old 04-25-2014, 11:08 AM
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OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
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Quote:
I have been trying to serve a notice of motion to the ex as she is now self rep
REGULAR SERVICE

(2) Regular service of a document on a person is carried out by,
(a) mailing a copy to the person’s lawyer or, if none, to the person;
(b) sending a copy by courier to the person’s lawyer or, if none, to the person;
(c) depositing a copy at a document exchange to which the person’s lawyer belongs;
(d) faxing a copy to the person’s lawyer or, if none, to the person; or
(e) carrying out special service. O. Reg. 114/99, r. 6 (2).

In sum:
Stick the material in an envelope, put her address as per last court papers signed, and it is served 4 business days thereafter.
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Old 04-25-2014, 12:14 PM
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Default

Thanks OrleansLawyer,

I did send a copy via Canada Post and the packaged was sent overnight with tracking so I will know when it left to the point of drop off. I will print this off and attach it to my Form 6B next week.

I then get a letter from her telling me that I have intimidated and harrassed the family with this, I told her all I was doing was obeying her request as she does not have a lawyer.

That being said I never did get served with Form 4 that her reprensentation was chaneg and that she was self representing, until she found a new lawyer.

Does this s**t ever end?????

Again Thanks OrleansLawyer and everyone else, this site rocks.

Cheers
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Old 04-25-2014, 02:02 PM
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OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
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Quote:
I never did get served with Form 4 that her reprensentation was chaneg
Then you can continue to serve that lawyer until you do. If she fires the new lawyer and doesn't send over a notice of change, you can continue to serve that lawyer.
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