How is a statement of Claim served?

How is a statement of Claim served?

The Statement of Claim is an originating document that you will need to serve personally by delivering a certified copy to all defendant(s) you have identified in your document, within 60 days of its filing with the Registry. (Personal service may be made in the various ways described in Rules 128 to 135).

What is the next step after statement of Claim?

After serving your Statement of Claim on all the parties, you must wait for the defendants to file their Statements of Defence. If served in Alberta, the Defendant has 20 days after service of the Statement of Claim to file their Statement of Defence and provide you with a copy.

How long does a plea take to deliver?

The defendant then has 10 days to file a notice to defend and 20 days to file a plea. This deadline may be extended by agreement between the parties or on application to the court. In practice, an extension is often requested and usually granted.

Is a statement of Claim an action?

Filing the Statement of Claim commences a legal action and it must be promptly served personally upon the other party or parties named as Defendant(s) in the Statement of Claim.

What happens after filing a notice of intention to defend?

Plea. After the defendant has served a notice of intention to defend, it must serve a plea (a formal statement of its defence) within 20 court days. If the defendant does not plead with sufficient particularity, the claimant can apply to court for an order directing the defendant to do so.

When do you have to serve a statement of claim?

You must serve a stamped copy of the state​ment of ​​claim on the defendant within six months of th​e date you filed it ​at court. To find out ho​w to do this, follow the steps in the guide on this page. You should make sure that the statement of claim is served properly and at the correct address.

Do you need an affidavit of service for a statement of claim?

If you arranged for someone else to serve the statement of claim for you, such as a process server, they will give you a completed affidavit of service form. An affidavit of service is not required if you have paid the local court to post the statement of claim to the defendant.

Can a statement of claim be returned to the sender?

For example, a statement of claim served by post may be returned to sender, or when you try personal service the defendant may have moved house. If this happens, you could ask the court to make orders for substituted service. This means that the court gives permission for you to give the defendant the statement of claim in some other way.

Can a court give a defendant a statement of claim?

This means that the court gives permission for you to give the defendant the statement of claim in some other way. There is no set process in the Small Claims Division to ask the court to make orders for substituted​​ service.

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