Avoiding Service
A common occurrence in process serving is for a service party to avoid service. While not illegal, it usually has the effect of slowing matters down, but not stopping them.
There are many reasons a person may avoid service including costs of litigation, answering the matters in a claim, complicated and confusing processes, refusal to comply with orders and sometimes it’s just about spite and a wish to be difficult toward the other party.
No matter what the reason, there is nearly always a way forward, despite an avoidant service party. The Courts use special rules called dispensation of service and substituted service to get pass this problem. This usually involves demonstrating to Court that you’ve tried to serve the documents personally, but the other person is avoiding.
You then show the Court an alternate method, which is likely to bring the documents to the attention of the service party. This could be via social media, via email, by leaving with a family member, etc. If the Court believes your alternate method will make the other person aware of the matter and documents, they will make an Order allowing service by the proposed means.
A service party avoiding service can be frustrating, when you just want to get on with your matter, but the courts are very used to this behaviour. The Court will just about always have a way forward for your matter. If you’re not sure, what applies for your jurisdiction, in alternate service means, speak with your lodging Court, solicitor or process server. They should have some helpful information to move your matter forward.
