When is an Affidavit of Service Required?

An Affidavit of Service is a vital component of the legal process, ensuring the integrity of the proceedings. It is required whenever legal documents must be served on a party in a legal proceeding. This document proves that the legal papers were delivered to the correct person or entity, ensuring the legal process can proceed smoothly. Knowing when an Affidavit of Service is needed is essential. Here are some common scenarios where you might require one, although it is not limited to these situations.

DIVORCE PROCEEDINGS

When someone files for Divorce, they must serve their spouse with a Statement of Claim for Divorce. The person who serves the documents, whether it’s the petitioner themselves or a third-party process server, must then complete an Affidavit of Service to confirm that the spouse has received the documents. This affidavit is crucial for the court to proceed with the divorce case.

EVICTION NOTICES

If a landlord needs to evict a tenant, they must serve the tenant with an eviction notice. Once the notice is delivered, the landlord or their representative must fill out an Affidavit of Service. This document proves that the tenant was properly notified, allowing the landlord to proceed with eviction if the tenant does not comply.

SMALL CLAIMS COURT

In small claims cases, when a plaintiff files a claim, they must serve the defendant with the necessary legal documents, such as a Civil Claim form. An Affidavit of Service is then required to show that the defendant has been served, ensuring the defendant is aware of the claim and has the opportunity to respond.

CORPORATE LITIGATION

If you are suing a corporation, the documents must be served to an officer of the corporation, usually at their registered office. The person serving these documents must complete an Affidavit of Service to confirm that the corporation has been properly notified of the lawsuit, enabling the legal process to continue.

In each of these scenarios, the Affidavit of Service ensures that the other party is officially informed about the legal action being taken against them, providing a clear record of the legal process. This is a fundamental step in the legal process, keeping all parties informed and prepared.

Methods of Serving Documents

Serving legal documents in Alberta is a crucial step to ensure that everyone involved in a legal case is properly informed and has the opportunity to respond. The method you choose to serve documents depends on who the recipient is and the specific requirements of the legal process.

PERSONAL SERVICE

Personal service is the most straightforward and reliable method when you need to serve an individual with legal documents. This involves handing the documents directly to the person who needs to receive them, ensuring they are fully aware of the legal action. You, a friend, or a professional process server can deliver the documents. It’s important to note that the person serving the documents must be over 18 years old and must not be involved in the case. Some documents can be served only by way of personal service.

SERVICE AT A RESIDENCE

In some instances, service at a residence is possible. Subject to certain limitations, the service at a residence method is ideal when personal service isn’t possible, such as when the individual isn’t home or is difficult to reach directly. With this method, you can deliver the legal documents to someone else at the recipient’s home who is at least 16 years old. This ensures that the documents are handed to a responsible individual who is likely to pass them on to the intended recipient. However, it’s important to note that you cannot simply leave the documents at the door or in a mailbox; they must be handed directly to a person residing at the home.

RECORDED MAIL ADDRESSED

Recorded mail, such as registered mail, is a method of sending legal documents that provides a trackable record of delivery. This means that the delivery process is documented, and the recipient must sign to acknowledge that they have received the documents. This signed receipt is then used as proof of service, which you include in your Affidavit of Service to confirm that the documents were delivered properly. This method is particularly useful when the recipient lives far away or when it’s difficult to deliver the documents in person.

SERVICE ON CORPORATIONS

If you are filing a lawsuit against a company, such as a breach of contract claim against a large retailer, you need to serve the corporation with the lawsuit documents. The first step is to perform a Corporate Search, which involves finding the correct address of the corporation. Then, you serve the documents at the registered office of the corporation or directly to a director of the company. This method ensures that the legal entity is properly notified and that the lawsuit can proceed without delays.

ELECTRONIC SERVICE

Non-commencement documents, which are legal papers that don’t start a new case, can be sent by email if the person receiving them has given their email address and agreed to this method. For example, during a legal case, you might email an updated document to the other party’s lawyer if they’ve agreed to get documents this way. This is useful for simple updates when both sides are already involved in the process, such as sending a notice of a change in court date or a request for additional information.

Substitutional Service Order

Substitutional service is a method used to serve legal documents when traditional methods, such as personal service or recorded mail, are not feasible. To use substitutional service, you must first obtain a court order allowing you to serve the documents in an alternative way, like through email, social media, leaving on the porch, or even by placing an ad in a newspaper. This approach is necessary when you’ve made reasonable attempts to serve the documents using standard methods but have been unsuccessful. For instance, this might happen if the person you need to serve deliberately avoids you or has moved without providing a new address.

Filing an Affidavit with Alberta Courts

Filing an Affidavit of Service with Alberta Courts is a critical step in the legal process that confirms the proper delivery of legal documents to the involved parties. This affidavit proves that the documents were served according to the legal requirements, ensuring that the case can proceed without unnecessary delays. Properly completing and filing the affidavit is essential, as any errors or omissions could result in delays or complications in your case. Whether representing yourself or working with a legal professional, understanding the steps involved in filing the affidavit will help you navigate the court system more effectively.

Where to File an Affidavit of Service Alberta

When filing an Affidavit of Service in Alberta, the location where you file depends on the court handling your case. Generally, you must file the affidavit at the same court where your original legal documents were submitted. This could be the Alberta Court of Justice, the Court of King’s Bench, or another relevant legal body.

For cases handled by the Court of King’s Bench, for example, the affidavit should be filed directly with the court’s clerk. The clerk will keep the original document and stamp any copies you provide. In many instances, lawyers can file Affidavits of Service digitally. If your case is in another court, the process is similar, but always ensure you are filing in the correct court to avoid any delays or issues in your legal proceedings.

Timelines and Deadlines

It’s crucial to adhere to specific timelines and deadlines to ensure that your legal process is not delayed or compromised. The deadlines for filing an affidavit generally depend on the type of legal proceeding and the specific requirements of the court handling your case.

• After serving your documents, file your Affidavit of Service with the court as soon as possible. This ensures the court knows everyone has been notified. Please remember to always keep copies of all documents you file with the court.
• Different courts, like the Court of King’s Bench, may have specific deadlines. Missing these could delay your case or even lead to dismissal, so being on time is essential.
• If your deadline falls on a weekend or statutory holiday, you can usually file on the next business day. If you need more time due to exceptional circumstances, you might be able to request an extension from the court.
• Appeals have strict deadlines for each step. Missing these can result in your appeal being dismissed, so be sure to follow them closely.

By staying on top of these timelines, you not only demonstrate your commitment to the legal process but also protect your rights and interests in the case. It’s always a good idea to mark important dates on your calendar and, if needed, consult with a Litigation Lawyer from DLegal to ensure you’re meeting all requirements. Our team handles civil litigation, Family Law, and business litigation, providing you with expert guidance tailored to your specific legal needs.

Contact DLegal today to ensure your case is handled with the utmost care and professionalism.