SERVING

What is THE SERVING OF DOCUMENTS by a bailiff?

Service is a legal procedure carried out by a bailiff, consisting of the official delivery of a document to an individual or legal entity. Its purpose is to ensure that the recipient has been formally informed of the contents and legal consequences of the document, while also providing an opportunity to comply voluntarily before any judicial proceedings are instituted.


The bailiff can serve the document in different ways:


  • By handing it personally to the recipient;
  • By handing it over to a reasonable person capable of passing it on;
  • By leaving it where it is (e.g., in the mailbox), after attempting hand delivery and confirming the accuracy of the address;
  • By email, only if the recipient expressly consents or if prior authorization has been obtained from the court.


Proof of service, called a service report, is then given to the client. This official document can be filed with the court as evidence that the documents were properly served on the recipient.


If the service is impossible due to an incorrect address or the recipient's change of address, you will be given a report of attempted service. This document details the attempts made and the reasons why service could not be completed. You can then take the necessary steps to find a new address and continue the legal proceedings.


Service is an essential step in ensuring the validity of judicial proceedings and preventing any dispute relating to the alleged non-receipt of documents.

Examples of documents that can be served by a bailiff in Quebec

In Quebec, several types of documents can be served by a bailiff to ensure their legal effectiveness. Here are a few examples:


Requests between tenants and landlords: These may include requests for rent reduction or increase, lease termination, non-renewal or renewal of lease, claims for non-payment of rent, or requests related to urgent repairs or maintenance of the accommodation.


Formal notice: A formal notice is an official notification requiring a person (usually a debtor) to fulfill their obligations within a specific timeframe, failing which legal action may be taken.


Initiating application: This document marks the official start of a civil lawsuit. It must be served on the defendant for the proceedings to continue.


Notice of enforcement: This document is issued when a judgment is being enforced, for example during a seizure or judicial sale. It officially informs the person concerned of this action.


Application to oppose seizure: This type of application allows a person to contest a seizure order. It must be served before the court can be seized of the matter.


Submission to appear: By this service, a person is informed that they must appear before a court on a specific date, either as a party or as a witness.


Divorce petition: This is the document by which one spouse initiates divorce proceedings in court. It must be served on the other party to be valid.


Notice of witness summons: Informs a person that they must testify in court. Service by a bailiff ensures that the person has been duly notified and is required to appear in court.

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