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If legal action has been started against someone, what happens if they move homes? For example, if an order for a defendant to pay someone money is made, what would happen if they just moved homes so they can't be served?
I know if someone fails to show up to a payment hearing they can be arrested. However how would they even know if they were served? Even with registered mail, usually whoever opens the door is asked to sign.
Since the legal process has started, the defendant will have been served and there will be a record of their address (refer to the Supreme Court civil rules, part 4). That would be their lawyer if they are represented by a lawyer – I assume that's not the case in your scenario – or their address (any address, within 30 km of the registry, or failing that, some accessible address and email, fax or a BC postal address). Either party can change their address by filing Form 9 with the other party. If you just take off without serving a change of address, then legally speaking, you've been served even if you didn't get the notice, if the notice is subject to ordinary service (the usual case). An order to pay up can be served by ordinary service. Service is complete on the day that is it left at the address (or a day or two later depending on time and when holidays and Saturdays are), or a week later if it is mailed.
