Self Represented: Home address

[separatedman]

I recently fired my lawyer and decided to self represent myself (yes always a danger).

The question is: Do i have to provide my home address to my ex-wife's lawyer?

History:
I have provided my work address and post office box mailing address but my wife's lawyer wants my home address which is different. She says it is so she can courier documents.

My wife has been stalking me, calling me and leaving nasty messages so when i moved i neglected to tell her where i moved.

I am currently paying spousal support and the Maintenance Enforcement Agency is okay with it.

What do you think....Legally of course? Thanks

[standing on the sidelines]

restraining order

[Exquizique]

From what I understand, as long as you provide a valid service address - an address where you can receive documents served to you - then that service address does not necessarily need to be your home address.

[Tayken]

From what I understand, as long as you provide a valid service address - an address where you can receive documents served to you - then that service address does not necessarily need to be your home address.

Absolutely correct. In fact, you can notify the lawyer that they can prepare the paperwork and you can receive service at their office (go in and pickup the documentation) so long as the other party is not present or at the office.

[separatedman]

Thanks

Thanks for your help, I will tell my ex's lawyer that i will pick them up at her office.

[OrleansLawyer]

I will tell my ex's lawyer that i will pick them up at her office.

This is a good idea.

Depending on the logistics involved, you may wish to find a way to receive documents through fax or will provide confirmation of service on documents e-mailed to you.

Keep in mind, the Court will want a mailing address; a post-office box that you check regularly could be an alternative.

[SynGreis]

in what way can confirmation be made for receiving emails for documents such as that.

[WorkingDAD]

in what way can confirmation be made for receiving emails for documents such as that.

I think there is even especial form for that. Form 6 ? But do not recall I ever saw it actually used...

I do believe you can just reply by email that you received and specify exactly what you received.

WD

[OrleansLawyer]

in what way can confirmation be made for receiving emails for documents such as that.

Rule 6(19),

PROOF OF SERVICE

(19) Service of a document may be proved by,
(a) an acceptance or admission of service, written by the person to be served or the person’s lawyer;
(b) an affidavit of service (Form 6B);
(c) the return postcard mentioned in clause (3) (c); or
(d) the date stamp on a copy of the document served by deposit at a document exchange. O. Reg. 114/99, r. 6 (19).

Rules (a) or (c) above should suffice. Indicate that you will provide the necessary admission or return post card.

[Tayken]

Rule 6(19),

PROOF OF SERVICE

(19) Service of a document may be proved by,
(a) an acceptance or admission of service, written by the person to be served or the person’s lawyer;
(b) an affidavit of service (Form 6B);
(c) the return postcard mentioned in clause (3) (c); or
(d) the date stamp on a copy of the document served by deposit at a document exchange. O. Reg. 114/99, r. 6 (19).

Rules (a) or (c) above should suffice. Indicate that you will provide the necessary admission or return post card.

Careful as if any one party claims that they didn't get the email you enter into a black hole of disclosure. Negative advocate solicitors (i.e. someone who is NOT OrleansLawyer) will claim they didn't get the reply email or it went to their junk mail folder.

If you REALLY want to go digital you can actually get the lawyer to sign up for a professional account on Our Family Wizard and communicate with them through OFW. I haven't seen it ordered yet for communications between a litigant and a professional but, it would be nice if the court ordered it sooner rather than later.

Reason being... OFW is managed by a third party and they have all the IP address information for confirmed log-ins and return read receipts that are tracked to the second. Hard to "lie" about not getting something on OFW.

https://www.ourfamilywizard.com/ofw/...ional-account/

Not sure if they have implemented everything that would allow for a professional to gain access to the system and exchange messages with a parent but, it would be worth looking into if you wanted to keep things "digital" possibly.

Good Luck!
Tayken

[separatedman]

Thanks, I have started using efax.com and i email every letter to my ex's lawyer and it provides me with an acknowledgement that it was faxed.

I sent her another letter thru efax.com and told her to send me any documents that is required either to my work address or I can pick them up at her office.

Funny, she hasn't faxed me anything yet..lol....I hope she responds to something.

Appreciate all your help

[SynGreis]

tayken i believe you can formally request from the mail servers that some confirmation be issued stating that yes there was an email that this email sent to this email, it would date it and ip log it(to prevent people claiming they sent the email and confirmed it themselves, doable if you have web knowledge).

ofcourse this may be somewhat easier to serve documents if your dealing with a lawyer that will try to find ways out of it(like my babys mama) you may encounter some resistance. be prepared and make sure you bring confirmationsin as exhibits in an affidavit if they claim you never served them.

Good luck.