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F.A.Q.

Frequently Asked Questions

Please click on each question to reveal the answer

Turn-around-time can vary. However, it is our practice to attempt to serve the documents each and every day at various times. We have different services that we offer to our customers/clients. We can do same day service (which means we will repeatedly try at the address on that day until we get the job done or conclude we cannot get it done – ie. The person is on vacation or does not reside at the address any longer). Rush service (ie. In the next two days – which means we repeatedly try the address in order to meet the deadline set by the client) and routine service (attempt each day or every other day until the person is home and we get the job done).
In most cases the person being served a document does not have to accept service in order for it to be considered effective. If the defendant comes to the door but refuses the papers being served, the process server may just have to leave them at their feet and then walk away.
When the service of process (process serving) was started, sheriff’s offices throughout Ontario were the only persons who could service legal papers. Today in Ontario, any person who is over 18 can serve legal papers and court documents. What that means, to you the consumer, that you must do your due diligence to ensure that the Hamilton process serving company you are hiring is well-established and will do your process serving in a timely and professional manner.
The way Quebec law stands now, if someone wants to officially serve notice of legal action, proceedings are filed at the courthouse and a bailiff must be hired to ensure delivery of a court-stamped document. Legal notices can be served online by email only if prior permission is obtained in court from a judge or if there is an agreement between the parties.

Now Quebec bailiffs – the only agents recognized in the province for official legal notice serving – are positioning themselves to be the digital process servers of choice for the future with the launch of Notabene, an electronic platform that, in a first phase, enables lawyers to exchange documents securely online. Read more
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 process server 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.
While serving a person with legal documents, a process server in Denver found himself in a potentially dangerous situation.

The process server was near Gateway Avenue and Fontana Court serving papers to a man who was at a boxing gym in the area. The man he was serving became upset and tried to force him to take the papers back.

According to Denver police, the man grabbed the process server’s arm through his car window as he was driving away. The man ended up getting dragged several blocks. [source]

Yes, Hamilton-Toronto Area Process Serving will file your documents at the court house and we offer the services of filing papers at court in the following jurisdictions:

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.

Get started today! Get started with serving your document online, or call us at 1-866-370-5888

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.