The judge will decide what kind of substituted service will be permitted. Types of substituted service you might request are:
- Leaving the claim with a relative of the defendant;
- Mailing the claim to the address of the defendant’s employer; or
- Posting the claim on the door of a particular residence or other place
Before asking for an order for substituted service, several tries should be made to serve the document by the method or methods provided by the Rules. Be prepared to give details of how you tried to serve the claim, what happened and why the method of service you are asking for will succeed.
If the court makes an order allowing substituted service, you must serve on the party the following:
- A copy of the order;
- The notice of motion and supporting affidavit; and
- The claim.
Note: An order made by a judge in Small Claims Court is generally set out in an endorsement record. An endorsement record is the official document that records the judgment or court order.