A: A Process server is an individual who has been hired to serve court documents to an individual or their legal representative who are involved in legal action. The delivery of the documents is known as process service. It is a legal procedure required by the courts to give proper notice to all parties involved when facing legal action against them in a court of law. The document is given to ensure parties are aware of which court the legal action is taking place, the statements being made by the opposing parties and any deadlines for responding. Process servers must deliver documents as per the rules set out in provincial law in order for the service to be valid and recognized by the court.
Q: WHY SHOULD YOU USE A PROCESS SERVER?
A: Hiring a professional process server ensures that the papers are properly served and ensures that the service is recognized by the courts.
Q: ARE PROCESS SERVERS GOVERNED BY ANY LAWS?
A: There are federal and provincial laws governing the service of documents. There are different laws depending on the type of legal action they apply to and in which court.
Q: WHAT INFORMATION DO I NEED TO PROVIDE?
A: The easiest way a process server can locate someone they are hired to serve documents to is by having as much information regarding the identity of the person as possible. This includes:
A first and last name (or name of company)
A last known residential (or business) address
Last known phone number, email
Date of birth or approximate age
A Social Insurance Number (if applicable)
Current or last known employment
License plate number(s)
Information on spouses, parents, other relatives, friends, business associates
Q: HOW DO I PAY?
A: You will receive an invoice once the document has been served and the affidavit is completed. You can pay by cash, cheque or e-transfer
Q: WHO USES THE SERVICES OF A PROCESS SERVER?
A: Process servers can be hired by anyone that requires to have documents served on someone else. This can be an individual, a lawyer or a law firm that represents an individual or other parties, corporations, private businesses and government agencies.
Q: WHEN WOULD A PROCESS SERVER BE USED?
A: A process server would be hired to serve individuals involved in Small Claims Court actions, individuals or businesses involved in a civil lawsuit, family law cases, real estate cases, government and general civil cases.
Q: HOW MANY COPIES OF THE DOCUMENTS DO I NEED TO PROVIDE?
A: We usually require 2 copies of the document(s) to be served. One for the service and one for the affidavit of service. If there are multiple people to be served on the same file then we would require a copy for each person.
Q: WHAT ARE THE DIFFERENT METHODS OF SERVICE?
A: Process servers must serve documents in accordance with the rules and procedures set out in provincial law. Personal service is when a document is handed directly to the individual. Alternatives to personal service are usually when the individual is not home and the documents are left with an adult member of the same household.
If it is not possible to serve someone by either of these methods then a motion for substitution may be filed with the courts to obtain permission from a judge to serve the document a different way. Some examples of substituted services include posting the documents to the door of the residence, emailing the documents to the individual or mailing the documents to a legal representative.
Q: WHAT IS AN AFFIDAVIT OF SERVICE?
A: It is a sworn statement provided by a process server that explains to a court how the legal document was served, to whom it was served and when and where that service took place. The affidavit of service will either be notarized by a lawyer or will be sworn to by a commissioner of oaths, depending on the province that the document originates from and the requirements of the court.
Q: WILL YOU SEND ME THE AFFIDAVIT OF SERVICE?
A: After the document is served and the affidavit of service is completed and sworn to, it will be attached to the document and sent back to you.
Q: HOW DO I GET THE DOCUMENTS TO YOU?
A: If you are located in Fredericton and surrounding areas then we can pick up the documents free of charge or you can mail them to PO Box 3234, Stn B, Fredericton, New Brunswick, E3A 5G9.
Q: WHAT IF I HAVE MORE QUESTIONS?
A: Please call us if you have any questions at all.