Motion For Substitute Service

Summary

If you cant locate a party in an Ontario small claims case, file a motion for substitute service. Serve documents to a relative or last known address. Complete Form 15A, detailing your attempts to locate the party. Serve the motion to the last known address, then file with the court. Ensure accurate information and proof of service. Consult local court rules for specific procedures.

Full Conversation

in small claims court in ontario what is motion for requesting family member related to not able to find party in claim in ontario
Hello Darlene, if you're unable to find the party you're suing in a small claim, you might consider filing a 'motion for substitute service.' This allows you to serve the documents to a close relative or another method approved by court. However, you'll need to show attempts you've made to locate the party.
ways that are attempted are ; not on social media . contacting law firm was employeed with .
It sounds like you've made reasonable attempts to locate the party. Here are the steps for filing a motion for substitute service in Ontario:
*. Complete and file a 'Notice of Motion and Supporting Affidavit' (Form 15A).
*. Detail your attempts to locate the party in the Affidavit.
*. Serve the Motion to the party's last known address.
*. Attend the motion hearing.
Remember, this is general advice and the procedure may vary.
i added name of employee at firm in which she had worked , sent amended claim . Will i need to send motion next to place of employment and how can i sent according to procedures for * A . Can i send by email or registered with affidavid .
Yes, you can serve the Notice of Motion and Supporting Affidavit (Form 15A) to the last known place of employment. According to Ontario's Rules of Small Claims Court, you can serve by registered mail, courier, or email if permitted. Always ensure to keep proof of service.
Do i send to court prior to sending to employers firm or request court permission first
In Ontario, you generally serve the documents to the other party first, then file them with the court along with an Affidavit of Service. This proves that you served the documents correctly. Always check with your local court to confirm the process.
do i attach family members name in full on * A
Yes, when completing the Affidavit (Form 15A), you should provide full names and addresses of the persons you wish to serve via substitute service, such as family members or employers. Remember, this information must be accurate to ensure proper service.
is there any issues if family member is employeed with a law firm , is there a different protacol in ontario.
There's no specific protocol in Ontario regarding serving documents to a family member employed at a law firm. However, it's important to ensure:
- The person served is not a minor or mentally incapable.
- You comply with regulations on how to serve documents.
- You have proof of service.
Remember, legal advice should be sought for unique situations.
If court imposed life for murder, 20 years for Agg. Assault to run concurrent, * yrs. For possession of firear in commission of crime ran consecutive to life( OCGA *-*-7c recidivist statue for * yr), and 12 months for misdemeanor tampering..how can i make parole after 20 years
In Georgia, parole eligibility for life sentences typically occurs after serving 30 years. However, specific circumstances or recidivist statutes can impact this timeline. You may want to consult with a parole attorney to explore any options or exceptions that might apply in your case.
If the GA Sup. Court vacated a felony tamoerig with evidence conviction and order tge trial court to resentence to * moths along with addtuonal charges, butwithin 20 years the court, the DA, or clerk never resentence me or never correctsthge sentence
It seems like your legal issue involves the resentence not being corrected as ordered by the GA Supreme Court. You may want to consider filing a motion to correct an illegal sentence or consult with a criminal defense attorney to address this oversight.
Would you like assistance with connecting to local lawyers who can better assist you with this issue?
Last question if the illegal uncorrected sentence effect paroling can i sue or file neligience on the court
If an uncorrected sentence affects your parole eligibility, you might have grounds to file a motion to correct the sentence. However, suing the court for negligence is rare and complex. Consulting a criminal defense attorney is highly recommended to explore your options. Would you like help connecting with a local lawyer?
No i have no money is thereany pro bono lawers near Atlanta you can connect
Case Rating: *
If you're looking for pro bono legal assistance near Atlanta, you can consider the following options:
- Atlanta Legal Aid Society
- Georgia Justice Project
- Georgia Legal Services Program
These organizations may provide free legal assistance based on your financial situation and the specifics of your case. It's best to contact them directly to see if they can help you with your parole issue.
Noneof these will help they will not help
Case Rating: *
It seems like you're dealing with a potentially complex issue involving parole and an uncorrected sentence. While pro bono resources are limited, you might want to reach out to the Georgia Public Defender Council for state-provided legal assistance.
Would you like more specific guidance on how to proceed with your motion to correct the sentence?
Yes..the motion
Case Rating: *
To file a motion to correct an illegal sentence, you need to follow these steps:
- Draft the motion, clearly stating the issue and referencing the GA Supreme Court's order.
- File the motion with the court that handled your original case.
- Serve a copy to the District Attorney's office.
Would you like more detailed guidance on drafting the motion?
Yes
Case Rating: *
Sure, here are some detailed steps for drafting your motion to correct an illegal sentence:
- Title and Introduction: Start with a title such as "Motion to Correct Illegal Sentence" and include an introduction specifying your name, case number, and the court handling your case.
- Statement of Facts: Clearly outline the facts of your case, including the original sentencing, the GA Supreme Court's order to resentence, and the failure to correct the sentence.
- Legal Basis: Cite relevant laws and statutes, such as OCGA *-*-*(c) and any other applicable case law or precedent.
- Request for Relief: Specify what you are asking the court to do, such as correcting the sentence as ordered by the GA Supreme Court.
- Signature and Date: Sign and date the motion, and include your contact information.
- Certificate of Service: Include a statement certifying that you have served a copy of the motion to the District Attorney’s office.
Would you like more detailed examples or templates to help you draft your motion?