Process Serving FAQ
The below questions constitute those most frequently asked about Infiniti Legal Support Services process serving support — which our dedicated process servers provide in Ottawa, Ontario, Canada-wide, US and Worldwide.
What is a process server?
A process server is a person who serves (delivers) court documents such as Statements of Claim, summons, writs, subpoenas, complaints and other legal documents upon an opposing party (e.g., a defendant or an individual involved in a court case).
Does a process server need to follow any specific rules of service?
A process server must serve documents in strict accordance with legislation in the area of service. This may mean handing the documents to the defendant personally or sub-serving to someone in the same household/business. Once the documents are delivered, the process server must provide court notarized proof that the papers were served (e.g., Affidavit of Service or Proof of Service) to the requesting party.
Do I have to use a process server to serve papers? What are the advantages of using a professional process server?
This answer varies by jurisdiction. In general, you do not have to use a process server to serve papers in Ontario, Canada.
There are several reasons, however, to employ the services of a process server, including the fact that process servers:
- Have the expertise to understand the various and often complicated process serving rules of service, ensuring that the papers are properly served and the service is recognized by the courts. For example, legal documents must be served on appropriate days and at specific times, as well as in the proper order if there are multiple defendants.
- Have access to a wide network of other process servers thereby being able to easily get papers served in areas other than your local jurisdiction
- Have tools available to locate subjects when needed (skip trace)
- Are independent and not party to the proceedings in question and thereby have no vested interest in the proceeding or its outcome. This allows them to remain impartial while doing the job they have been tasked with.
What is skip tracing? What about I need to find/locate someone?
Skip tracing is a colloquial term used to describe the process of locating a person’s whereabouts for any number of purposes. A skip tracer is someone who performs this task. The term “skip” refers to the person being searched for, and is derived from the idiomatic expression “to skip town,” meaning to depart (perhaps in a rush), leaving minimal clues behind to “trace” the “skip” to a new location.
How do I hire an Infiniti Legal Support Services process server? How do I get documents to you?
Working with Infiniti Legal Support Services is simple and flexible. You can contact us via phone, fax, email, courier, or “snail mail”.
Our contact information is:
Infiniti Legal Support Services
267 O’Connor Street, Suite 407
Ottawa, Ontario, Canada
Toll Free: 1-877-703-5598
If you are located in the Ottawa area, our headquarters, we can also come to your location and pick up your documents.
Please include an instruction memo detailing any special requirements you would like us to follow in the completion of the serve.
Before sending via email or fax, please confirm that we do not require original documents.
And, of course, if you have questions, please call or email us per the above contact details.
What are Small Claims fees, rules and forms?
Information regarding Small Claims fees, rules and forms can be found here:
- Ministry of the Attorney General site — Small Claims section
- ServiceOntario eLaws — Small Claims section
What are Civil fees, rules and forms?
Information regarding Civil fees, rules and forms can be found here:
What are Family Law fees, rules and forms?
Information regarding Family Law fees, rules and forms can be found here:
- Ministry of the Attorney General site — Family Law section
- ServiceOntario eLaws — Family Law section
What services can a Process Server complete for you?
A Process Server complete the following services for you:
What types of documents does Infiniti Legal Support Services serve?
We serve many different types of documents including but not limited to:
For process serving requests, do I need to know where someone lives?
It certainly helps but is not a requirement. If you do not know where someone lives, we have access to various means of locating individuals (see skip trace description above).
For process serving requests, do I need to know when someone will be home?
It helps to know when someone is home, but it is not mandatory. If we are not told when someone is home, we will make attempts at various times during the day to try and effect service. We will also talk to neighbors to determine when in general someone is home so as to give us the best chance of completing the serve.
What areas does Infiniti Legal Support Services serve?
Infiniti Legal Support Services can provide all our services (process serving, filing, issuing, due diligence) anywhere in the world. Using our trusted network of agents, we can quickly and effectively complete any request.
Locally, we employ our own internal staff to complete any work within an approximate 100 km range of Ottawa. This encompasses the following Superior Court districts: Ottawa, L’Orignal, Hawkesbury, Alexandria, Arnprior, Brockville, Perth, and Cornwall.
We also provide services in all other jurisdictions in Ontario, including:
In addition to our full coverage in Ontario, we fully cover all Provinces and Territories in Canada, including:
- Prince Edward Island
- Nova Scotia
- New Brunswick
- British Columbia
- Northwest Territories
Infiniti Legal Support Services also covers the entire United States of America. We are a proud member of the National Association of Professional Process Servers (NAPPS) and work extensively with our NAPPS colleagues in the United States to complete serves in an efficient and professional manner.
During our 30 plus years experience, we have also completed many serves in other foreign countries. We have extensive knowledge of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, more commonly called the Hague Service Convention. This is a multilateral treaty which was signed in The Hague on November 15, 1965, by members of the Hague Conference on Private International Law. It allows service of process of judicial documents from one signatory state to another without use of consular and diplomatic channels.
For non-signatories to the Hague, we have also developed in-depth knowledge of how to complete serves through the use of consular or diplomatic channels.
Can I recover the cost of Infiniti Legal Support Services process serving services in court?
This depends on the circumstances of your particular file. This should be discussed with your legal counsel.
What is an affidavit of service?
An affidavit of service is a written declaration of facts made voluntarily, confirmed by the oath or affirmation of the party making it, and taken before an officer having the authority to administer such oath.
An affidavit of service is intended to certify the service of the court document which is being served, including who performed the service, who was served, where they were served, and when they were served.
What if my document originates outside of the province of Ontario can I still use the Infiniti Legal Support Services process serving team?
Absolutely. We have extensive knowledge of the rules and regulations of services for all regions outside of Ontario. We ensure that rules are followed for the originating jurisdiction as well as the destination jurisdiction.
What is your normal process serving time?
For local services, we attempt to have the first serve completed within 24 hours. Outside of the Ottawa area, we attempt to have the first serve completed within 72 hours.