If a process server has left you a card, called, or sent you a link to this page, someone has started or continued a legal proceeding that concerns you, and the court requires that you be given the documents. This guide is for you, the person receiving them.
What service is
Service is how the court makes sure you know about a case before anything is decided. The documents that start a case, and some later ones, must be handed to you personally. The rules are Supreme Court Civil Rule 4-3, Supreme Court Family Rule 6-3, Provincial Court Family Rule 177 and Small Claims Rule 2. A process server is an independent person hired to deliver the documents and swear to the court how and when that happened. We are not a party to the case and cannot tell you what it is about; the documents do that.
Why it is in your interest to receive them
- The sooner you have them, the more time you have. Time to read them, get advice, and have your side heard.
- Avoiding them does not stop anything. If you cannot be served in person, the party who started the case can ask the court for an order for alternative service under Supreme Court Civil Rule 4-4, Family Rule 6-4 or Provincial Court Family Rule 182. Courts order service by mail, email, text, social media, or by leaving the documents with someone else. The case then carries on whether or not you have read them, and you may face a default judgment, orders made in your absence, and costs for the extra expense of serving you.
- Service protects you, not the other party. It is your right to notice: to know what is being asked of you, and to have the chance to answer before anything is decided.
- Receiving them commits you to nothing. It is not an admission of anything, you do not have to sign, and you do not have to say anything about the matter. It takes about a minute.
What happens next
- Call or text us at 250-718-8441 and tell us a time and place that works: home, work, a coffee shop, or our office. If we do not hear from you, we keep trying at the addresses we have.
- Receive the documents. We hand them to you and confirm who you are.
- Read them carefully. They say what the proceeding is, what is being asked, and by when you must respond. Those dates matter.
- Get advice if you need it. Free help is listed below.
Free legal help in BC
- Legal Aid BC: free legal advice and representation for those who qualify, and free information for everyone.
- Family Law in BC: step-by-step guides on separation, parenting, support and protection orders.
- Access Pro Bono: free legal clinics for people who cannot afford a lawyer.
- Clicklaw: a directory of free legal information and help in BC, by topic.
- People's Law School: plain-language guides to everyday legal problems.
- Supreme Court BC Online Help Guide: how to respond to a Supreme Court civil or family claim without a lawyer.
- The courts' own sites: bccourts.ca and provincialcourt.bc.ca.
Is this really a process server?
Okanagan Process Servers is at Suite #367, 101-1865 Dilworth Dr., Kelowna, and can be reached at 250-718-8441. We never ask the person being served for money, banking details or passwords, and there is never a charge to you for receiving documents. If anyone claiming to be us asks for payment, it is not us.
Questions
Do I have to accept court documents in BC?
You cannot stop a case by refusing them. Once you have been told what the documents are, courts generally treat them as served if they are left with or near you, and if you cannot be found the court can order another way of serving you. Receiving them is not an admission of anything and you do not have to sign.
Can someone else accept court documents for me?
Usually not. Documents that start a case must be handed to you personally unless the court orders another method, which is why it is better to receive them yourself, at a time and place that suits you.
Can the process server tell me what the case is about?
No. The process server is not a party to the case and cannot discuss it or give legal advice. The documents explain what the proceeding is, who started it and how to respond.
Do I have to pay to receive court documents?
No. There is never a charge to the person being served.
Okanagan Process Servers is a process serving company, not a law firm, and does not give legal or procedural advice. This guide restates publicly available information from the sources on the references page. Rules, forms and time limits change; confirm the current requirement with the registry, the Residential Tenancy Branch or your lawyer.