step sister was involved in a car accident , retained a lawyer recently and she said they have to serve the at fault party. I've always wondered what happens if they can't track down said person ?
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Well they basically always do, but basically if they make the attempt and legitimately can't find them, it's documented and they get served. I can't recall the technical way it works, but you can't just hide out and avoid getting served sort of thing.
What if the person lives at a different address then what's on the insurance info? (Could be their parents home on that info) and they live somewhere else. Must be hard to track these people
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Hey, why don't I just go eat some hay, make things out of clay, lay by the bay? I just may! What'd ya say?
I think you just have to send it by registered mail to the last known address. It takes a bit longer but the court will accept that...as long as you've tried other avenues as with a process server. They can also leave it with someone who knows the person. Or they can even tape it to the door if they know the person is there and just not answering. This is my experience in BC so I'm not sure if it applies to AB. I think a classified ad works too...I've seen a few of those "Attn: Some guy you are being sued" ads back when we used to have newspapers.
They also track people down in public places. I know a guy who did this for a living and he was telling me about some of how they do it. For example finding a guy at a mall, and they know its him, they basically just call his name, he turns and gets served. Or all kinds of different ways they go about it.
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They also track people down in public places. I know a guy who did this for a living and he was telling me about some of how they do it. For example finding a guy at a mall, and they know its him, they basically just call his name, he turns and gets served. Or all kinds of different ways they go about it.
I figured this was another avenue. I guess that's the reason they are the pros. How they find people out and about is beyond me.
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Hey, why don't I just go eat some hay, make things out of clay, lay by the bay? I just may! What'd ya say?
In cases where the person can not be found you can obtain substitutional service (mailing to the last known address for example) or even have service waived. You have to show you made efforts to find the person. Its pretty routine. A demographic search is a start.
Its not hard to achieve service. If its a motor vehicle accident the insurer will respond and pay. If its a private dispute, you can sue and get an empty judgment but which will haunt the defendant if you track them down.
A friend of mine obtained on behalf of the securities commission a near million dollar judgment years ago. The guy skipped town to Florida. He returned last year thinking he was forgotten. He brought with him a $100K Class A motorhome and bought a house. Judgment paid.
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Its not hard to achieve service. If its a motor vehicle accident the insurer will respond and pay. If its a private dispute, you can sue and get an empty judgment but which will haunt the defendant if you track them down.
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So you bascially just need the insuranc to be aware? I thought serving was a must since you are suing the driver even tho insurance pays and defends the driver
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Hey, why don't I just go eat some hay, make things out of clay, lay by the bay? I just may! What'd ya say?
So you bascially just need the insuranc to be aware? I thought serving was a must since you are suing the driver even tho insurance pays and defends the driver
No you still have to serve the driver, but if it substitutionally, its still service. And you'll have the accident report form which will tell you who the insurer is, so then you contact them to let them know you have service.
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if I recall correctly, it was Alberta that first allowed service via Facebook.
If the process servers cannot find the person, but can find their Facebook account, they can send the documents via Facebook, and I suppose if seen, then service is considered served.
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if I recall correctly, it was Alberta that first allowed service via Facebook.
If the process servers cannot find the person, but can find their Facebook account, they can send the documents via Facebook, and I suppose if seen, then service is considered served.
Interesting! Ca anyone else touch on this? Would be very cool if true
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To succeed in any such motion, counsel must establish that the person’s whereabouts for personal service are unknown despite diligent investigation; the Facebook profile belongs to the person in question; and the person is an active user of Facebook such that the claim will likely come to the person’s attention.
While the case law has focused on service through Facebook, the courts could also consider substituted service through other popular social networking web sites like LinkedIn, Twitter, and Instagram.
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If you hired a lawyer, why are they making you do it???
So the Facebook route doesn't work? Even If it's active and pretty known it's them?
It's not my Case. I was jut asking out of curiosity, trying to have a better understanding about all this so when I'm talking with Sis about it I'm not out of the loop. Figured CP was the best place to ask. Lots of good replies so far, love This forum. Google is confusing when you've got no idea how stuff works.
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Hey, why don't I just go eat some hay, make things out of clay, lay by the bay? I just may! What'd ya say?
So the Facebook route doesn't work? Even If it's active and pretty known it's them?
It's not my Case. I was jut asking out of curiosity, trying to have a better understanding about all this so when I'm talking with Sis about it I'm not out of the loop. Figured CP was the best place to ask. Lots of good replies so far, love This forum. Google is confusing when you've got no idea how stuff works.
You can serve over FB, but you need to get a court order that would allow you to. The court will want to know that you have basically done everything possible to serve the person and that it hasn't worked before granting that option.
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You can serve over FB, but you need to get a court order that would allow you to. The court will want to know that you have basically done everything possible to serve the person and that it hasn't worked before granting that option.
Cool, thanks for clearing that up. Sounds like from what I read the people who serve are pretty good at tracking people even without address or work info
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Hey, why don't I just go eat some hay, make things out of clay, lay by the bay? I just may! What'd ya say?
Serving papers
