Process Server v. Sheriff
Written on December 10, 2011
What is a Sheriff? What is a process Server? Read more to view the infographic, and find out why more law firms are choosing to use the services of a process server over a Sheriff.
Category: Process Serving
What is a Record of Event?
Written on July 9, 2010
At Hamilton-Toronto Area Process Serving we keep a complete record of the serve, including a description of the person served and any vehicles present at the time of service. This information is available to our clients upon request.
Category: Process Serving
What are the Contents of an Affidavit of Service?
Written on July 9, 2010
The affidavit of service must accurately state that date, time, place and manner of service and any additional information that would reflect how delivery of process or other legal document was made to a person or entity served.
Category: Process Serving
What is a Notary Public?
Written on June 24, 2010
A Notary Public is a person commissioned by a particular Province or perform a variety of notarial acts. Among these, the Notary Public is vested with the authority to administer oaths and execute jurats.
Category: Process Serving
What is a Jurat?
Written on June 24, 2010
A jurat is a certificate by the person before whom a writing was sworn and is designed to compel truthfulness on the part of the signer. The jurat is completed during the execution of an affidavit and is generally written at the foot of an affidavit stating when, where and before whom such an affidavit was sworn. Before executing a jurat, a Notary Public must be satisfied as to the identity of the signor, and the voluntary nature of that persons’ signature.
Category: Process Serving
Can you serve Legal Documents on Sunday in Ontario?
Written on May 7, 2010
Effective December 15, 2009 section 124 of the Courts of Justice Act was repealed by the Good Government Act, 2009. Prior to December 15th Section 124 read “No document shall be served and no order shall be executed on Sunday, except with leave of the court. Now that this section has been repealed, service of court documents can be effected any day of the week.
Category: Process Serving
Small Claims Court changes starting January 2010
Written on May 7, 2010
Here is a highlight of a few of the Small Claims Court changes made by Ontario Small Claims Court effective January 1, 2010.
- Increase from $10,000.00 to $25,000.00 for the monetary limit to bring a claim in Small Claims Court.
- Serving Plaintiff’s Claims – must be served by personal or alternative to personal service. You may no longer mail the claim to the defendant unless you obtain the signature of the defendant (ie. Through registered mail or courier). Personal service through a process server is always the best way to get the attention of your defendant.
- Serving Notices of Examination – must be served by personal or alternative to personal service. You may no longer mail the Notice of Examination to the debtor.
For more information pertaining to Small Claims Court Matters may we suggest you visit the Ministry of the Attorney General’s website and review some of the publications available, such as “Before Making a Claim in Small Claims Court” or “Small Claims Court Guides to Procedures”.
Category: Process Serving
What is an Affidavit of Service?
Written on May 7, 2010
An “affidavit” is a written or printed declaration or statement of facts made voluntarily, confirmed by the oath or affirmation of the party making it, and taken before an officer having the authority to administer such oath.
An “Affidavit of Service” is intended to certify the service of the court document which is being served, such as a Statement of Claim, Plaintiff’s Claim, etc.
Category: Process Serving
How do I know which Small Claims Court to go to?
Written on December 29, 2009
You must issue your Small Claims Court Plaintiff’s Claim in the jurisdiction where the defendant resides or where the cause of action arose. Here is a link to the many small claims court offices in Ontario. We are available to issue and serve legal documents anywhere in Ontario, including, but not limited to:
Ancaster, Burlington, Dundas, Fruitland, Greensville, Millgrove, Stoney Creek, Waterdown, Alberton, Beamsville, Binbrook, Brantford, Campbellville, Carlisle, Copetown, Freelton, Grimsby, Halton Hills, Jerseyville, Milton, Mississauga, Mount Hope, Oakville, Port Credit, Smithville, Streetsville, Vineland, Vinemount, Winona, Ajax, Bramalea, Brampton, Cambridge, Caledonia, Cayuga, Concord, Don Mills, Etobicoke, Guelph, Hagersville, Kitchener, Markham, North York, Paris, Pickering, Richmond Hill, Scarborough, St. Catharines, Thornhill, Toronto, Weston, Woodbridge, Acton, Aurora, Bolton, Fonthill, Georgetown, Maple, New Market, Niagara Falls, Niagara-on-the-Lake, Oshawa, Stouffville, Thorold, Waterloo, Whitby, Barrie, Bowmanville, Bradford, Caledon, Courtice, Dunnville, Elmira, Erin, Fergus, Fort Erie, Grand Valley, Jarvis, Keswick, London, New Hamburg, Orangeville, Port Colborne, Port Dover, Shelburne, Simcoe, St. Thomas, Stratford, Tillsonburg, Uxbridge, Welland and Woodstock.
Please visit the Attorney General website for a list of court addresses.
Category: Process Serving
Why should I hire a process server and not serve legal documents myself?
Written on December 24, 2009
In Small Claims Court and Superior Court it is often to your benefit to hire a professional process server to serve your Plaintiff’s Claim or Statement of Claim. Often, Judges will recognize the process server and will believe that the document was served in a proper manner. Should you try and serve the Plaintiff’s Claim yourself, and the Defendant disputes service, you may have a more difficult time proving you did serve it.
Defendants will react unpredictably when being served a legal document as court can be an intimidating ordeal to learn about. Having a professional serve your Plaintiff’s Claim for you will eliminate animosity between yourself and the defendant and ensure both sides of the dispute save face.
In addition, we will often gather additional helpful information that will assist you in your case in the future. For example, we may obtain vehicle licence plate numbers or phone numbers that will become valuable information for you.
Category: Process Serving
