Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.
Trending News
How many days do you have to wait to file proof of service?
In Small Claims court in Ontario Canada, if you file suit and send the paperwork by registered mail; How many days do you have to wait before you can go file your Form 8A: Affidavit of Service? I can see the law was amended Jan 2011. I'm not sure if it is still 20 days from the day following Service. I get that the count starts the day after service and does not including weekends or holidays. Is this still 20 days correct or is it now 30 days? The info I can find is not very clear. Also I have additional paperwork to prove the case I filed for etc... Do I need to add it to the file before I show proof of service, can I add it at the time I show proof or can I just bring it to court if things get that far. - Please only answer if you are a Canadian Lawyer. For all the others I do appreciate you wanting the points so instead of answering for real, you can go ahead and wish me luck with my suit as it is against my step-brother and his greedy lying, deceptive girlfriend who are out of control and not above deceit. thanks so much
2 Answers
- 9 years agoFavorite Answer
The current rule regarding service of a claim by registered mail is that it is that service is effective on the date you verify that a person has signed for the registered mail. You must attach a copy of the signature to your affidavit of service. You can file the affidavit of service as soon as you have obtained a copy of the signature proving service.
However, you do not need to rush to the court to file the affidavit of service. If a defence is filed that is proof of service. If a defence is not filed more then 20 days after service is deemed effective, then you should file your affidavit of service and take steps to note the defendant in default and sign judgment.
Any additional documents you want to rely on should be served on the Defendant before filing them with the court. Once a settlement conference date is set, you are to file and serve any additional documents at least 14 days before the settlement conference.
You asked for only Canadian lawyers to answer. I am an Ontario licensed paralegal. Did you know that Ontario licensed paralegals can represent you and prepare documents for small claims court independent of a lawyer? Usually, a paralegal will change less then a lawyer.
