+1 (250) 826-7868 service@priorityoneltd.ca

Frequently Asked Questions

FAQ:


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 the 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.


What are the advantages of using a professional process server?

  • 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 a 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 kind of documents do you serve?

We will serve virtually all kinds of documents whether you represent a firm or are self-represented. Typical documents we serve include, Statements of Claim, Civic Court, Small Claims Court, Criminal Court, Provincial Court, Superior Court, Tenancy Branch Notices of Examination, Judgments, Subpoenas, Notices of Garnishment, Summons to Witness, Defendant’s Claims, Family Court Notices, Demand Letters and much more.


Who do you serve?

Our process servers work all over Kelowna and surrounding areas. We serve law firms, individuals, tenants, government institutions, corporations and businesses.


What is an affidavit of service?

An affidavit of service is a legal document completed by your process server outlining where, when and on whom the documents, summonses etc. were served. The affidavit is sworn before and signed by a lawyer, notary public, justice of the peace or commissioner of oaths. Affidavits of service must be completed properly, signed and filed in court before the court will acknowledge that a given person has been served and must, therefore, attend court. An affidavit of service is necessary to prove service of documents.


Do you provide an affidavit of service?

Yes, our local Kelowna process serving fees include an affidavit of service. Affidavits of service are sworn and signed before a notary public. The cost of this is covered within our standard fee. The affidavit is needed to prove the documents were served upon the opposing party.


How do I send my documents to you?

We provide free pick up of documents within Kelowna but you may also send us copies by email, post or courier. We encourage repeat clients to contact us for a login to our client portal for easy and secure document upload.


Why should I hire a process server and not serve legal documents myself?

In Small Claims Court, Family Court, Provincial Court, and Supreme Court it is to your benefit to hire a professional process server to serve your Plaintiff’s Claim or Statement of Claim. Often, Judges will recognize the process server and will believe that the document was served in a proper manner. Should you try and serve the Plaintiff’s Claim yourself, and the Defendant disputes service, you may have a more difficult time proving you did serve it.

Defendants will react unpredictably when being served a legal document as Court can be an intimidating ordeal to learn about. Having a professional serve your Plaintiff’s Claim for you will eliminate animosity between yourself and the defendant and ensure both sides of the dispute save face.


How long does service take?

We guarantee the first attempt within two business days after receiving your documents. Follow-up attempts are made quickly afterwards on a strategic basis. We will attempt service at various times depending on the defendant and when they are most likely to be present.

Should you have a rush case, we are happy to accommodate your needs.


What if the party can’t be served?

Our process servers keep detailed records of attempted service including dates, times and locations. If a party is attempting to avoid service, a motion for substituted service may need to be filed. We can provide the necessary information and affidavit to establish the effort that has been made attempting service.


What payment methods do you accept?

We accept payment by cash, cheque, Visa, MasterCard and Amex.


SERVICE AREA

We Service Kelowna and the surrounding areas including:

  • Kelowna
  • West Kelowna
  • Oyama
  • Peachland
  • Summerland
  • Penticton

Please contact us if your area is not listed above and we would be more than happy to quote you!