Jun 22, 2015

Entrapment in Process Serving – June 22, 2015

Sometimes, in this wonderful business of Process Serving, we run across an individual who believes they can outsmart the law by playing games and making it difficult for us to serve them properly.  In cases like this, there are a number of remedies (did they really think the courts had never run into this in the past, and come up with ways to ensure the legal process continues despite people trying these tactics?).  

However, as Process Servers, we will try a number of tactics ourselves to try and get the individual served.  These tactics always have to respect the law, must ensure the safety of all involved, and should try to minimize any negative outcomes such as embarrassment to the individuals involved.  I believe that we should always strive to conduct ourselves in as professional manner as possible.

One tactic that could be used is making an appointment with an individual under false pretense.  However, care must be taken in using this tactic, as it could lead to the serve being deemed invalid if the judge decides that the tactic had the effect of “discrediting the administration of justice.”

The attached article demonstrates such a case in the Quebec courts.


So it seems that there can be entrapment in Process Serving.