Refusing Service?

[HappyMomma]

What happens if you have to personally serve a document because the family law rules say that it cannot be served via fax and the individual at the office/location refuses to accept service and/or does not give you their name?

Can you just leave it on the counter and file your affadavit of service that you left it at that address? Or do you file the affadavit of service and say that they refused to give you their name? Can they actually refuse?

Thoughts and advice appreciated.

[advice needed]

First of all, the applicant/respondent should not be trying to serve the document. on the other party. Now if the receiving party is not accepting the document either by not opening the door etc. Make a note of the date/time try a couple times more. Finally the server can leave it in the mail box/ tape it to door and file an affidavit of service stating exactly how many times they tried to serve the document. Each time give a description of the surroundings, like silver car in the driveway. Dog barking in the house. Lights on in the house, however no one opening the door when i knocked repeatedly. I left it taped it to the door on dte____ at _____ time.

[dad2bandm]

Rules:
Courts of Justice Act - O. Reg. 114/99

I assume this is "special service" that you are trying to carry out? See "Rule 6: Service of documents" for your options. If it's special service, I assume you are the applicant in this case? You should not (and are not technically allowed) to service the documents.

Perhaps use a process server/company, to service the documents, so you don't have to worry about the hassle or about doing it right.

[Serene]

I read Happy Momma's post to read that someone tried to file service on a person at an office and the individual at the office refused the service. There is no mention of the Applicant or Respondent serving or being served the documents so I'm going to assume that a third party tried to serve an individual at the office.

If I take the above assumptions and apply rule 6 the individual could have left the documents on the counter and walked away. They could have then filed their affadavit of service and listed that they left it on the counter AND the individual in the office refused to disclose their name.

Correct?

[stripes]

If this is the situation you're in, you might want to spend the extra $$ (I think about $50 is the going rate) to hire a professional document server. They have standard protocols for this sort of thing, as they deal with lots of documents that people don't want to receive. All you need to show is that you made a valid attempt to serve the document on the relevant party. That party can leave it on the counter, throw it in the trash, refuse to give their name, whatever - you've done your part.

[Serene]

I'd rather keep my $50 and leave it on the counter lol

[stripes]

I'd rather keep my $50 and leave it on the counter lol

^^^ but if you're the applicant (or plaintiff) in this case, you shouldn't be the one doing it. As I understand it, the applicant is not permitted to serve the respondent (or defendant). You need to have a third party do it. This can be anyone who is not you, as long as that person is willing to sign an affidavit of service. In my case, I asked a mutual friend (who happens to be a lawyer) to serve my ex. I gave him the documents, he gave them to the ex, he then signed an affidavit in which he said that he had identified my ex based on a photograph I had given him and that he had given the ex the document. If you use a process serving company instead of trying to do it yourself, you'll get it done right. You don't want this divorce to be derailed down the road because the respondent wasn't properly served.

[HappyMomma]

^^^ but if you're the applicant (or plaintiff) in this case, you shouldn't be the one doing it. As I understand it, the applicant is not permitted to serve the respondent (or defendant). You need to have a third party do it. This can be anyone who is not you, as long as that person is willing to sign an affidavit of service. In my case, I asked a mutual friend (who happens to be a lawyer) to serve my ex. I gave him the documents, he gave them to the ex, he then signed an affidavit in which he said that he had identified my ex based on a photograph I had given him and that he had given the ex the document. If you use a process serving company instead of trying to do it yourself, you'll get it done right. You don't want this divorce to be derailed down the road because the respondent wasn't properly served.

The applicant/respondent is NOT the person doing the serving. Not sure why everyone has jumped all over that instead of answering the actual question.

[advice needed]

well everyone is trying to make sure that you do it the right way, That way it wont be an invalid service. Now you know what u have to do. Good luck!

[Mess]

The applicant may serve the other party, unless it requires special service. Please read the family law rules.

The applicant may get an aquaintance to do the service.

[dad2bandm]

The applicant/respondent is NOT the person doing the serving. Not sure why everyone has jumped all over that instead of answering the actual question.

Because the original post didn't make it clear. "Personally" also made it sound, well, personal.

[stripes]

Mess - are you sure? I checked this point with the FLIC (Alberta) and was given an info sheet that said (copying the words) "If you are filing a sole application, you will need to have your spouse served personally by someone other than yourself who will attest to having done so by signing an Affidavit of Service". Perhaps it's different if you're filing a joint application for divorce, but it sounds like the OP is the applicant/plaintiff.