3. Serve the defendant

How do I change a claim I filed with the Small Claims Court online service?
This question has an answer and 4 steps
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3. Serve the defendant

Within 3 business days of submitting your amended claim, you will get an email from the court saying they received your amended Plaintiff's Claim.

You must serve the defendant with your amended claim and supporting documents. And you must file printed copies of your supporting documents with the court.

You must serve your documents within 6 months of the date stamped on the emailed copy of your original claim. If you miss the deadline, the court may refuse to let your case go to court and you could lose the right to sue.

Serve your amended claim

You can serve your amended claim 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 amended claim must complete an Affidavit of Service. This proves to the court that documents were served on the defendants.

The Affidavit of Service includes information about:

  • the date and time the amended claim 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.

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Ministry of the Attorney General
Reviewed: December 10, 2018

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