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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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  #1  
Old 10-24-2011, 11:26 PM
smart_dummy smart_dummy is offline
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Default Serving Problems with Lawyer

I am having some problems serving the lawyer on the other side with documents. He first said it was OK to fax him at first and now that we are getting into it the fax mysteriously will no longer accept faxes from my computer, it just says error.

Now both secretaries in his office say they don't work for him that they work for the other lawyer in the firm. This is obviously a way around me serving documents through them.

Thing is he serves me documents through email and I was told at the courthouse it is not worth it to argue about this.

Another weird thing was the one day the lady who I gave the affidavit to went over to him in his office and asked if it was OK that he take them. What the heck? He can decide not to be served? Like there is a choice when I am standing 15 feet away?

Anyone have experience with this trouble serving lawyers and can advise?

Thanks!

Last edited by smart_dummy; 10-24-2011 at 11:27 PM. Reason: being polite
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Old 10-25-2011, 12:08 AM
WorkingDAD WorkingDAD is offline
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Quote:
Originally Posted by smart_dummy View Post
I am having some problems serving the lawyer on the other side with documents. He first said it was OK to fax him at first and now that we are getting into it the fax mysteriously will no longer accept faxes from my computer, it just says error.

Now both secretaries in his office say they don't work for him that they work for the other lawyer in the firm. This is obviously a way around me serving documents through them.

Thing is he serves me documents through email and I was told at the courthouse it is not worth it to argue about this.

Another weird thing was the one day the lady who I gave the affidavit to went over to him in his office and asked if it was OK that he take them. What the heck? He can decide not to be served? Like there is a choice when I am standing 15 feet away?

Anyone have experience with this trouble serving lawyers and can advise?


Thanks!
From info you provided here what I can tell

1. There is no service by email in Rules
2. Just use process server or registered mail.
3. Not all documents can be served by FAX and thouse which can has limit on number of pages (16 or 14 I do not remember exectly)

Just go to Family Law Rules and read Rule 6: Service of Documents
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Old 10-25-2011, 12:14 AM
smart_dummy smart_dummy is offline
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Thank you, although I am aware of those rules.

What happens if they don't sign for the registered mail?

What can I do about email serving? I was told by staff at the courthouse it was not worth it to fight about the email serving.
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Old 10-25-2011, 10:33 AM
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NBDad NBDad is offline
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Serve YOURS to him via email as well then. REPLY to his original email with YOUR responding documents attached. Be awful hard for him to complain about it when he's doing it himself.

(Personally I would followup with registered mail attempts as well, but if he's serving via email, I'd go that route as well)
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Old 10-25-2011, 10:49 AM
WorkingDAD WorkingDAD is offline
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Originally Posted by NBDad View Post
Serve YOURS to him via email as well then. REPLY to his original email with YOUR responding documents attached. Be awful hard for him to complain about it when he's doing it himself.

(Personally I would followup with registered mail attempts as well, but if he's serving via email, I'd go that route as well)
I would not do that... How your Affidavit of service will look like when you serve by email?

just because lawyer do something wrong does not meant you should. He can get away from it and you as self-rep probably will not...

what I would do:

I would write a letter saying that it's not according to the Rules (point to specific rules) and you are no longer accepting service by email... I also would point in that letter your problems with service and point to the rules what he legally obliged to follow!!!

Also remind him about primary objective and code of conduct. Also would write one sentence about coincidences of such conduct may have on the determination of cost

all depends on what is issue is... Lets say that would be not wise not going to motion just because they served you by email But that would very good to put it on the record before Judge ...

as for your question about "do not want to sign" You did read rules right? Did you see rule 6 section 3.a(i) ? use it ... Judges hate when people play stupid games and wasting time...
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Old 10-25-2011, 10:53 AM
HammerDad HammerDad is offline
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I agree with WorkingDad here. 2 wrongs do not make a right. Serve him in accordance with the Rules. I would also advise him that you will not acknowledge service of any document not served in accordance with the rules.

Just because the lawyer wants to cut corners, doesn't mean you can or that a judge will condone it.
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Old 10-25-2011, 11:29 AM
SillyMe SillyMe is offline
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I disagree

Judges frown on service games and email is now becoming a legal service. I even seen a formal letter on it somewhere. Its just that the rules are taking time to catch up with the times.

If the lawyer is there and the receptionist did what you said she did. I would simply ask her her name and leave the docs with her anyways. Follow it up with a registered letter...service doesn't have to be directly to the person. You include this info your AF of service.

I was having trouble serving my ex. I was trying to serve her at her home and, the person I had serving the docs could hear her in the house but, she wouldn't answer the door. After several attempts, we taped the documents to her door and took several pictures. We printed out the pics, showing the docs taped to her door (with address showing) as an attachment to the AF of service.

I think you have to show due diligence, try to use the rules but, sometimes there is little you can do if a person wants to avoid service...
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Old 10-25-2011, 11:42 AM
MommaMouse MommaMouse is offline
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Quote:
Originally Posted by WorkingDAD View Post
I would not do that... How your Affidavit of service will look like when you serve by email?

just because lawyer do something wrong does not meant you should. He can get away from it and you as self-rep probably will not...

what I would do:

I would write a letter saying that it's not according to the Rules (point to specific rules) and you are no longer accepting service by email... I also would point in that letter your problems with service and point to the rules what he legally obliged to follow!!!

Also remind him about primary objective and code of conduct. Also would write one sentence about coincidences of such conduct may have on the determination of cost

all depends on what is issue is... Lets say that would be not wise not going to motion just because they served you by email But that would very good to put it on the record before Judge ...

as for your question about "do not want to sign" You did read rules right? Did you see rule 6 section 3.a(i) ? use it ... Judges hate when people play stupid games and wasting time...
Totally agree, do not fall into his trap, if they refuse to sign use a company like Puralator that makes sure he will sign.
  #9  
Old 10-25-2011, 11:43 AM
WorkingDAD WorkingDAD is offline
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Originally Posted by SillyMe View Post
I disagree

Judges frown on service games and email is now becoming a legal service. I even seen a formal letter on it somewhere. Its just that the rules are taking time to catch up with the times.

If the lawyer is there and the receptionist did what you said she did. I would simply ask her her name and leave the docs with her anyways. Follow it up with a registered letter...service doesn't have to be directly to the person. You include this info your AF of service.

I was having trouble serving my ex. I was trying to serve her at her home and, the person I had serving the docs could hear her in the house but, she wouldn't answer the door. After several attempts, we taped the documents to her door and took several pictures. We printed out the pics, showing the docs taped to her door (with address showing) as an attachment to the AF of service.

I think you have to show due diligence, try to use the rules but, sometimes there is little you can do if a person wants to avoid service...
Serving Documents via CyberSpace
Quote:
But service by e-mail has never taken off in Ontario. At one time, the prospect of allowing court staff to use service via e-mail for certain documents was toyed with, but it was eventually eliminated from the Court Rules by amendments which took effect on July 1, 2006.

Having said that, the Family Law Rules still contain some exceptions: For example, an Order removing a lawyer from a case can be served on the client by e-mail sent to the client’s last known address. Also, certain Notices can be served by e-mail, specifically:

• a notice of filing or refiling a support order with the Director of he Family Responsibility Office (Rule 26(11));

• a notice of transfer of enforcement (Rule 26(14));

• a statement of income sent by an income source to a recipient (Rule 27(7)); and

• a notice to stop garnishment (Rule 29(31)).
from my point of view allowing serving by email will add more problems than fixes.

I would agree that it can be use as back up, if both party agree, so you have something to work on 3 days earlier that you would get by regular mail or something like that...

Anyway I would not take such risk knowing how lawyer able to twist everything. Especially when you self rep.

But it up to you to decide...

Last edited by WorkingDAD; 10-25-2011 at 11:45 AM. Reason: spelling
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