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Ex refused the registered letter

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  • Ex refused the registered letter

    So sent ex a registered letter with a form 20 requesting 2012 NOA and income tax information, as per agreement. He refused the document and it has been returned. He knows what is in the letter. Do we consider this step completed? Or do we need to send again?

  • #2
    Originally posted by Beachnana View Post
    So sent ex a registered letter with a form 20 requesting 2012 NOA and income tax information, as per agreement. He refused the document and it has been returned. He knows what is in the letter. Do we consider this step completed? Or do we need to send again?
    I definitely don't know the correct answer but I would say service was complete. You can't force him to read it

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    • #3
      Originally posted by Beachnana View Post
      So sent ex a registered letter with a form 20 requesting 2012 NOA and income tax information, as per agreement. He refused the document and it has been returned. He knows what is in the letter. Do we consider this step completed? Or do we need to send again?
      Was it refused or returned "not at this address"?

      If it was refused, I'd say service was done. If it was returned somehow indicating an incorrect address, that may be a loop-hole.

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      • #4
        The tracking said it had been refused, so as he knew what was in the letter, so I think we can consider it complete.

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        • #5
          Always a good thing to review Rules of Court in your Province.

          I do recall at the time when we first served my ex with papers my lawyer made a very big deal about serving ex. He was served in person (I assume a process server) who had his photograph and vehicle registration information. Ex was served on his way to work - exactly 10 minutes before he started work.

          I remember wondering at the time why they didn't just send documents by double-registered mail.

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          • #6
            Does the return "refused" indicate who refused.
            All he would have to do is say it wasn't him who refused it.

            I would try and have a friend try and serve the ex.
            That way someone can state the ex actually refused service.

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            • #7
              Good point
              Have no friends where he lives, hence not living there anymore lol
              But when it actually comes back we will look for a signature. He is the only one with a key to his mailbox, to pick up the notification.

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              • #8
                We have an email sent to him, with a reply. In that email was information regarding the registered letter, which unfortunately at the time we had thought he hadicked it up. So we can prove he knew the content and then refused the letter. So we are moving to the next stage, attaching all the information, emails, refused letter and filing a motion. I think we attach to From 14 and then file a motion 15 to have child support and section 7 expenses paid according to his income levels. We will of course ask for costs. What a complete pain he is!

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                • #9
                  Originally posted by involveddad75 View Post
                  Does the return "refused" indicate who refused.
                  All he would have to do is say it wasn't him who refused it.

                  I would try and have a friend try and serve the ex.
                  That way someone can state the ex actually refused service.
                  ^^ Good idea. If you don't know anyone who can serve him and it's an important document, it might be worth hiring a process server to do it. That would eliminate any excuses he might have (I never saw the letter/they got the wrong address/someone else refused/what letter? Etc). A process server could establish the date and time you attempted service, which might be useful if the clock is ticking on some deadline.

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                  • #10
                    Road trip, just offer to take a friend for lunch / dinner and drive out there. They can serve and then drive them back. If it's a hour away might be cheaper to get process server.

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                    • #11
                      Originally posted by Beachnana View Post
                      So sent ex a registered letter with a form 20 requesting 2012 NOA and income tax information, as per agreement. He refused the document and it has been returned. He knows what is in the letter. Do we consider this step completed? Or do we need to send again?
                      You need to have it served by a service provider now in my opinion. This would be a professional that lawyers often use to serve documents *in person* on the other party. It is known as "personal service". They then provide an affidavit of service to you that the document was provided.

                      Good Luck!
                      Tayken

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                      • #12
                        Thank you, yes we are going to move foreward on some other issues, so will bundle this in with it.

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