Acceptable personal service methods

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undersc0re

New member
Does anyone know if personal service of documents on a person for a simple family matter in provincial court has to be dropped at their feet, or can you drop it on their roof or hood when they refuse to get out and accept them?
 
Somewhat clear as mud, they know they are documents and see them, they look away and smirk as you put them under their windshield wiper….wait until the “server of papers” leaves….hour later…server has witness with them and saw the person knew they were being served papers. They live in a condo building with underground parking and evade service pretty good…so maybe I will have relative serve at parking spot with witness and picture and see how it works out…I mean it is pretty much like dropping it at their feet when they refuse.
 
undersc0re said:
Somewhat clear as mud, they know they are documents and see them, they look away and smirk as you put them under their windshield wiper….wait until the “server of papers” leaves….hour later…server has witness with them and saw the person knew they were being served papers. They live in a condo building with underground parking and evade service pretty good…so maybe I will have relative serve at parking spot with witness and picture and see how it works out…I mean it is pretty much like dropping it at their feet when they refuse.
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Have someone else serve them. That way they won’t know. You could even have that person have a bouquet of flowers to make it better lol.
 
undersc0re said:
Somewhat clear as mud, they know they are documents and see them, they look away and smirk as you put them under their windshield wiper….wait until the “server of papers” leaves….hour later…server has witness with them and saw the person knew they were being served papers. They live in a condo building with underground parking and evade service pretty good…so maybe I will have relative serve at parking spot with witness and picture and see how it works out…I mean it is pretty much like dropping it at their feet when they refuse.
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BlinkandIamgone put a good link for special service. Normally things are not complicated so do the easy thing first and forget what you see in the movies.

I am only a fan of that idea if it says in bold letters "service of court documents" and the person is seen reading that.

Some tips:
1. Do not get a relative to do it; it can heighten anxeity.

2. Definitely do not get a child of the marriage to do it; it is mean.

3. You are not allowed to do it yourself, you can be present but that feels hurtful to me.

4. Have a friend to do it. Have them itemize all the documents and count all the pages of each document, Titles and dates are required.

5. Have the person serving ensure the person knows they are being served. This means that they saw the front page or were verbally told that they were served.

6. The document has to be in their possession. Dropping it at their feet, handing it to them and them throwing it back before "knowing what it is" is not a sure.

7. If the person being served is being difficult go to the court for an alternate means of service.
 
It is done now, the service had to be done 5 hrs away so it was done best they could while they were there. Served by placing documents on vehicle after they nodded and looked away while parked. I was told by a lawyer that dropping the documents at their feet if they refuse is sufficient service for this simple document, especially if the person serving them knows them well. I guess I will find out if this is sufficient at court time and if not maybe I will ask at that time if I can have alternate service given…family court is supposed to be somewhat forgiving. I assume a reply to the order would be an assumption of good service…but probably won’t happen.

The served person probably won’t show up to either appearance, hoping at least to get imputed income raised from minimum wage in 2015 to current minimum wage for child support. The person did not give their financial info for support purposes as per order back in 2015…maybe a fine or something will be ordered.

I have a court appearance with same person soon online to enforce or deal with an order not adhered to…I was allowed to serve that by email.
 
pinkHouses said:
BlinkandIamgone put a good link for special service. Normally things are not complicated so do the easy thing first and forget what you see in the movies.

I am only a fan of that idea if it says in bold letters "service of court documents" and the person is seen reading that.

Some tips:
1. Do not get a relative to do it; it can heighten anxeity.

2. Definitely do not get a child of the marriage to do it; it is mean.

3. You are not allowed to do it yourself, you can be present but that feels hurtful to me.

4. Have a friend to do it. Have them itemize all the documents and count all the pages of each document, Titles and dates are required.

5. Have the person serving ensure the person knows they are being served. This means that they saw the front page or were verbally told that they were served.

6. The document has to be in their possession. Dropping it at their feet, handing it to them and them throwing it back before "knowing what it is" is not a sure.

7. If the person being served is being difficult go to the court for an alternate means of service.
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Pretty much all of this is wrong. You probably should have read the link before posting.
 
I guess I should have stated this was in British Columbia, I realize this is called Ottawadivorce . com but it seems to be the best forum I could find and has so much information.
Today I received a text from the woman I am separated from that she received the documents that I had a sister and friend serve on her, the text said she would agree to my terms and she would sign over all her parental rights and also leave my pensions alone if the monthly child support amount does not change. Currently we do not have a separation agreement and only a few court orders done, separated since 2011, and she has not made an attempt to try and visit our daughter since 2018. I have tried to ask her if she wants to move it along with a separation agreement and divorce in the past but get ignored. She also never shows up in court and refuses to meet with a mediator, and basically it’s her way or the highway and is a little unstable and hard to rely on.
With a set court date(this week) about enforcing a previous order to raise child support, and non disclosure of financial info, and now this paperwork I had served to her for a court date tbd yet, that one is about a few other things including passport application and the permission to travel letter will be coming up once a month of no reply to that paper work happens.
She seems to be a little more accepting now than before to an agreement, albeit under duress of not wanting child support to go higher than based on minimum wage. Maybe she could come back at me later saying she wants her share of the pension and made that decision in a financial stressfully situation at the time. I had a lawyer at the beginning of the separation to make sure I followed proper disclosure etc so later on ai would not be in hot water, I remember him saying the law here now pretty much says she can’t really give up her right to her share of my pension….he didn’t go into details but maybe he meant cpp. I can not afford the lawyer retainer or costs right now and I also can not use a layer provide by the government because I make to much money. I am saving up for costs to pay a lawyer to eventually help protect me and my future with final separation/divorce papers and hopefully I can make it cheaper by doing most of the work myself.

I went on a rant, but papers were served, she accepted them and is in desperation mode basically.
 
Your best bet if you absolutely cannot get a lawyer throughout the process, is to at the very least have a lawyer review your agreement before signing to ensure it is I'm your best interest and you are protected.
 
blinkandimgone said:
Pretty much all of this is wrong. You probably should have read the link before posting.
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Other than 6 - you are allowed to drop the documents at their feet, his opinion was correct. Not sure what you are referring to....

Then you add to get a lawyer to review OPs agreement before signing.... nothing to do with the question on proper service. Interesting use of power
 
Opinion doesn't mean legal.

OP added additional info on their situation, not sure what "power" you are referring to, but if you'd like to debate something feel free to start your own thread in an appropriate forum to do so and anyone interested in participating can play with you there.
 
LOL
After reading this thread I am worse off than when I started.
I now have no idea what is legal (right) and what is not when it comes to serving documents in Ontario or British Columbia and I suppose this thread will never answer that. Disappointing.
 
blinkandimgone said:
Your best bet if you absolutely cannot get a lawyer throughout the process, is to at the very least have a lawyer review your agreement before signing to ensure it is I'm your best interest and you are protected.
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I don't understand how is a court going to sign off on child support not changing. That is some legal eagle stuff there so the guy absolutely needs a lawyer at least on a limited retainer or a legal eagle.
Yes, they get their pension and that covers support but......oh, off topic.

the text said she would agree to my terms and she would sign over all her parental rights and also leave my pensions alone if the monthly child support amount does not change
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I am going to get these orders and issues dealt with and then after they are done with, I will start the separation agreement details that we can agree on and go to a lawyer to have him go over it and discuss it with me and then discuss the issues with the ex that have to be changed and hopefully the steps I need to take and the changes i need to make for the agreement can be set in stone and file the final divorce papers….probably a few $$$ and a year away.

One slow step at a time…..and hopefully a lenient helpful provincial family court judge…the judges there seem to be patient for helping you through the system without a lawyer….so far.
 
Today the ex did not show for court, judge said she has 14 days to file financial forms, and Judge will do up a court order for me to be able to get a passport and let her travel with or without me out of country without any sort of consent from the mother….I have to wait 30 days for a reply from the other court order and then make a court date for that one(updated child support amount).

Seemed pretty smooth so far.
 
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