1

Must the creditor personally serve the debtor face to face? Is it OK to put the document inside a regular envelope and must the envelope be labelled with anything? Must the creditor say anything to the debtor when serving the document? I understand if the debtor refuses to hold the document you can just drop it in front of them.

1

Rule 16 of the Small Claims Rules states this...

Written proof of service

[...]

14(e) for personal service of a summons to a payment hearing, an affidavit of service.

And Form 12 Summons to a Payment Hearing at Schedule B includes the Affidavit of Service which appears to give just two options...

Leaving a copy of it with him or her.

As directed by the court by...

The rules do not mention, and therefore do not seem to require, anything other than "Leaving a copy" with the debtor, but common sense should prevail to avoid the hearing being unnecessarily diverted away from the points at issue.

Edited To Add

Rule 15 Oral proof of service

Instead of requiring proof of service under subrule (14), a judge or registrar may allow a person to prove by sworn oral evidence that the person has personally served a document.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.