Some debt collection cases may end up in court. Winning a case in court requires comprehensive understanding and compliance with relevant laws and regulations.
As our client, you’ll benefit from working with top rated professionals who represent clients in court for over 30 years – and achieve an impressively high success rate.
Here are some relevant terms for this stage:
We are not talking about getting your dinner order served quickly here. In the context of debt collection and court action, whether it is Small Claims Court or Superior Court, unlike on television and in the movies, there are no ambushes or surprises allowed. At least not when it comes to the documents and paperwork you file with the court.
When you file a court claim ( sue someone), you have to let the other side know as soon as possible. This is done by giving them a copy of everything you have filed with the court. In the legal language this is called service. You are obligated to serve every person ( in this context a company is also considered a “person” ) that is named as a defendant.
The manner in which they are required to be served is specifically prescribed by the rules of the court. How you serve a company and how you serve an individual have different rules and may differ from jurisdiction to jurisdiction. Once you have given the other side a copy of your claim they are considered to have “been served” and the clock starts ticking on the time they have to file a defense to your plaintiff’s claim if they wish to do so.
A sworn declaration made in writing, filed with the court attesting to certain facts as sworn by the person making the declaration. It is used to give evidence in a court case where giving live evidence is either not possible, appropriate, or necessary.
Affidavit of Service
An affidavit providing the details of the service of a specific document on a named party, laying out the place, date and time this was done. Usually sworn by a process server who has been hired by the serving party.
Without the filing of this document the case will not move forward. In many jurisdictions the court sets a time limit from the time a court claim is initiated to when it must be served by. In Ontario for instance, you are given 6 months after which you will be notified by mail that your claim will shortly be dismissed.