What Happens if I am Unable to Serve my Small Claims Court Claim?

You may find yourself unable to serve your claim because the party has moved and you cannot find a forwarding address. You might be under the impression that the party knows you are trying to serve the claim and is avoiding you. In either case, you may file a motion to seek an order for substituted service under Rule 8.04.

The Rule States: “8.04 If it is shown that it is impractical to effect prompt service of a claim personally or by an alternative to personal service, the court may allow substituted service”. The method ordered by the court is substituted for the method(s) of service allowed for that particular document and on that particular party in the Rules.