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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 97979
Experience:  Lawyer
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I have not been served, can they still get a default

Customer Question

Hi, I have not been served, can they still get a default judgement with out that?
Submitted: 3 months ago.
Category: Canada Law
Customer: replied 3 months ago.
My previous lawyer said that if they can't find me they can't sue. They started they filed the claim in Jan 2016, and have just tried serving me for the first time Dec 14th, 2016.
Customer: replied 3 months ago.
The skip tracer left a message saying that they are going to get a default judgement next week on an investment property I just purchased with my gf last month. Is that even possible?
Customer: replied 3 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Debra replied 3 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 3 months ago.

I am sorry to hear this.

How do you know this is the first time they tried to serve you?

And did you try and avoid service?

Customer: replied 3 months ago.
Well the skip tracer first called in May, they never identified themselves as a skip tracer till yesterday. I haven't made it easy for them to find me, but I haven't necessarily avoid service. I am in BC the claim comes from Alberta
Expert:  Debra replied 3 months ago.

The lawyer is not really correct.

If they cannot serve you through regular means they can get an order from the court that would allow them to serve you through substitute service.

That could be by regular mail, through family or friends or even through an ad in the paper.

Then they would serve you pursuant to the order and then can note you in default if you do not out in a defence in time.

Then they would be able to enforce that judgment against your wages or assets.

Does that fully answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 3 months ago.
Ok, I understand that they could do that, but is there any way of checking they have filled a default judgment?
Expert:  Debra replied 3 months ago.

Yes.

You can contact the courthouse.

Expert:  Debra replied 3 months ago.

Is there anything more I can help you with at this point in time?

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