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How to serve a Small Claims Court claim in Ontario, and what to do when you can't
Serve each defendant in a way the rules allow, keep a record, and file Form 8A. If you cannot serve the claim, learn how to ask the court for another method.
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Serve each defendant on time
A Plaintiff's Claim must be served on each defendant within six months after the claim is issued (Rule 8.01(2)). The person who serves the claim completes an Affidavit of Service (Form 8A).
Who may serve can depend on the method and the facts. The person who actually served the claim fills out Form 8A. The current GoSelfRep service guide does not confirm every rule about who can serve [VERIFY: who is allowed to serve each type of claim]. You can hire a process server if you want someone else to do it.
Use a method the rules allow
For a Plaintiff's Claim, the allowed methods include:
- handing the claim to the defendant in person
- leaving it with an adult at the defendant's home, then mailing a copy
- sending it by registered mail or courier with a signed delivery record
The details can depend on the defendant and the method [VERIFY: confirm which method applies to your defendant and what proof is needed]. Keep the signed delivery record or other proof.
Email, fax or text does not count as service unless a court order allows it. A method that works for later court documents may not work for a Plaintiff's Claim.
Fill out Form 8A
After service, the person who served the claim completes an Affidavit of Service (Form 8A). It records who was served, what was served, when, where and how. The affidavit must be sworn or affirmed and filed with the court. Keep a copy with your service records.
If service does not work
Write down each attempt: the date, time, address, method and what happened. Keep any proof, such as a returned delivery notice. Confirm that you have the defendant's current address. Trying on different days and at different times may help; these are practical tips, not court rules.
If it is not practical to serve the claim in person or by an allowed alternative, you can ask the court to allow another method under Rule 8.04. File a Notice of Motion and Supporting Affidavit (Form 15A). Explain what you tried and why the method you want is likely to reach the defendant. The court decides whether to allow it.
Read the full guide to serving documents. If the defendant has been served properly, the defence deadline calculator can help estimate their 20-day response deadline.
Common questions
How long do I have to serve a Small Claims Court claim?
You must serve each defendant within six months after the claim is issued (Rule 8.01(2)).
Does email, fax or text count as service?
Not for a Plaintiff’s Claim unless a court order allows that method. Use an allowed method or ask the court for permission to use another one.
What should I do if I cannot serve the claim?
Keep a record of your attempts. If service in person or by an allowed alternative is not practical, ask the court for substituted service with Form 15A.