Substitutional Service Explained: What It Is and When It’s Used

If you’ve ever received court documents, you’ve likely heard the term “service of documents.” Most people assume service always happens face-to-face, but sometimes the person can’t be reached directly. That’s when substitutional service comes into play. Understanding this method is essential for anyone dealing with legal paperwork in Calgary.

What is Substitutional Service?

Substitutional service is a legally recognized way of delivering court documents when personal service (handing documents directly to the person) isn’t possible. Instead of giving the papers directly, documents may be:

• Left with someone at the person’s home or workplace when they’re not available

• Posted on the door of a residence or apartment

• Sent electronically via email or text

The goal is to ensure the individual receives the documents while still complying with Alberta’s court rules.

When is Substitutional Service Used?

Courts allow substitutional service when the intended recipient cannot be located or is avoiding personal service. Common situations include:

• The person is not home or cannot be found after reasonable effort

• They refuse to accept documents

• They live in a location where direct service is difficult

Substitutional service must often be approved by the court in advance to ensure it is legally valid.

Application to the Court for Substitutional Service

To use substitutional service, you or your process server may need to apply to the court for permission. This application typically includes a supporting affidavit of attempted service, which documents all reasonable efforts made to personally serve the individual. The affidavit should outline:

• Dates and times of attempted personal service

• Locations where service was attempted

• Any interactions with the recipient or others at the address

• Reasons why personal service could not be completed

Once the court approves, you can proceed with substitutional service according to the method authorized.

Why Proper Documentation Matters

Every service of documents requires proof for the court. When substitutional service is used, the process server prepares an affidavit of service that details:

• When and where the documents were delivered

• How the documents were served

• Who received them (if someone else accepted on behalf of the recipient)

This affidavit ensures that the court can move forward with the case without delays.

How a Professional Process Server Can Help

Attempting substitutional service yourself can lead to mistakes, such as:

• Posting documents improperly

• Failing to meet legal requirements for email or text service

• Incorrect documentation

A professional process server in Calgary, like Serve Ninja, ensures that substitutional service is completed correctly, efficiently, and legally, protecting your rights and avoiding unnecessary delays.