3. Serve the defendant

What if I don't agree with the defendant's terms of payment?
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3. Serve the defendant

You must give a copy of your completed Request to Clerk form to each defendant. Keep the original copy.

When you do this in a way that follows the court's rules, it's called serving the documents.

Serve the Request to Clerk

You can serve your Request to Clerk in person or hire a process server.

A process server is someone you can hire to serve documents to another person for you. To find a process server in your area, go to www.canada411.ca and search for "process server".

You can also serve by registered mail or courier. Keep a copy of the mail or courier slip as proof that the documents have been served.

If the defendant is a company, you must serve a manager at the place where they run their business. Get the name of the person you served, and make a note of the date and time they were served.

Some people refuse to take the documents. If this happens, the documents can be dropped on the floor in front of them. This counts as serving them.

The Guide to Serving Documents explains the rules that must be followed.

Complete the Affidavit of Service

The person who serves the Request to Clerk must complete an Affidavit of Service. This proves to the court that the document was served on the defendants.

The Affidavit of Service includes information about:

  • the date and time the Request to Clerk was served
  • where it was served
  • the first and last name of the person it was given to
  • whether it was served in person, by courier, or by registered mail

The person who completes the Affidavit of Service must swear or affirm it is true. This means they promise that the information in the document is correct. They do this by signing the Affidavit in front of someone who has the authority to supervise an oath or affirmation. Court clerks at the Small Claims Court can do this for free. Lawyers, paralegals, and individuals called commissioners of affidavits can also do this, but they usually charge a fee.

File your documents

Once the Affidavit of Service has been completed and signed, it must be filed at court with the Request to Clerk.

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Ministry of the Attorney General
Ministry of the Attorney General
Reviewed: December 10, 2018

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