When legal action becomes necessary, one of the first and most important steps is ensuring that all parties are formally notified through the proper service of legal documents. In Toronto, individuals often face a dilemma: should you hire a process server in Toronto or attempt DIY legal service?
While serving documents yourself might seem like a quick and cost-effective option, Ontario’s legal system imposes strict rules on how and when documents must be delivered. Any error in this process can cause significant setbacks, including case dismissal or legal penalties. This article weighs the pros and cons of hiring a professional process server versus going it alone and highlights the legal risks of self-serving documents.
What Is a Process Server and Why Are They Used in Toronto?
A process server in Toronto is a professional who is legally authorized to serve court documents to individuals or parties involved in a legal case. These documents can include:
- Statements of claim
- Divorce applications
- Notices of motion
- Affidavits
- Subpoenas
The goal is to notify the recipient of their involvement in a legal proceeding and to provide proof to the court that this service was completed properly.
In Ontario, this proof of service typically comes in the form of an affidavit of service, a sworn document prepared and signed by the server and submitted to the court.
Option 1: Hiring a Professional Process Server in Toronto
Pros
1. Legal Compliance and Accuracy
Professional process servers are trained in Ontario’s Rules of Civil Procedure. They understand:
- How to identify the correct recipient
- The difference between personal and substituted service
- Deadlines for different types of documents
- How to prepare and file the affidavit of service
Hiring a professional process server minimizes the risk of improper service that could invalidate your case.
2. Efficiency and Speed
Most process serving companies—such as Select Serve and File Process Server Inc.—offer same-day or next-day service across Toronto. They know how to locate people quickly, even if they are trying to avoid being served.
3. Skip Tracing Capabilities
In difficult cases where the recipient is avoiding service, professional process servers can use skip tracing techniques to locate individuals using databases and investigative tools.
4. Legal Documentation Prepared Correctly
Professional process servers handle the affidavit of service for you, ensuring it’s properly completed, sworn, and court-ready.
5. Testimony in Court (If Required)
If the service is contested, a professional process server can appear in court to testify regarding the service. This adds a layer of credibility and legal backing.
Cons
- Cost: The only significant downside is the fee, which varies depending on urgency and distance. However, the potential cost of a delayed or dismissed case is much higher.
- Scheduling: You’ll need to coordinate with the server, although most firms like Select Serve and File Process Server Inc. offer flexible service windows.
Option 2: DIY Legal Service in Toronto
Pros
1. Cost Savings
The biggest perceived benefit of DIY service is avoiding the fee associated with hiring a process server. For straightforward cases, it may seem reasonable.
2. Control Over Timing
You control when and how the documents are served, especially in personal matters involving known parties.
Cons
1. Legal Risks of Self-Serving Documents
Ontario courts are very strict about service rules. Common mistakes include:
- Serving documents to the wrong person
- Serving documents after the court deadline
- Failing to obtain a valid affidavit of service
- Improper delivery method (e.g., email when personal service is required)
These mistakes can lead to the court’s rejection of your filings or delays in your case.
2. Affidavit Requirements
Affidavit of service must be completed and sworn properly. If you aren’t familiar with how to fill it out or where to swear it, you risk filing a legally invalid document.
3. Inadmissible Service
In some cases, you may not be legally allowed to serve the documents yourself, especially if you are a party to the case. Courts may require a third-party service to avoid conflicts of interest.
4. Personal Safety Risks
Serving someone with sensitive legal documents can trigger emotional reactions. Professionals are trained to handle confrontational or evasive behavior, but you may not be.
5. Difficulty Locating the Recipient
If the other party is avoiding you or has moved, it can be nearly impossible to complete service on your own. Without access to tools like skip tracing, you’re limited to guesswork.
So, Which Is Better in Toronto?
Choosing between DIY legal service and hiring a process server in Toronto comes down to one question: Is it worth the risk to do it yourself? In almost all cases—especially when legal outcomes are on the line—hiring a certified professional provides peace of mind, ensures legal compliance, and saves time.
Firms like Select Serve and File Process Server Inc. specialize in timely, accurate service that meets Ontario’s legal requirements. Their expertise eliminates common mistakes, supports legal professionals, and strengthens your case with proper documentation.
When DIY Might Be Acceptable
There are very few scenarios where DIY legal service is practical:
- The case is small claims, and the rules allow it
- You are not a party to the matter and understand the legal rules
- The recipient is cooperative and easy to find
Even then, you should consult a legal expert or document delivery professional before proceeding on your own.
Conclusion: Trust Professionals for the Best Outcome
While DIY may look cost-effective on paper, it carries legal risks for self-serving documents that can seriously jeopardize your legal objectives. In contrast, a professional process server in Toronto brings expertise, speed, legal compliance, and courtroom-ready documentation.
Avoid unnecessary legal complications and get your documents served the right way, the first time.
Need Fast and Legal-Compliant Document Service?
Partner with Select Serve and File Process Server Inc., Toronto’s trusted name in legal document delivery. We offer fast, accurate service and full legal support, including affidavit preparation and court filing assistance.
Let us take the stress out of your process serving needs—contact Select Serve and File Process Server Inc. today.