If you cannot find a defendant’s address in Calgary, you can apply for a Substitutional Service Order. For a typical court fee of $50 CAD, a judge can grant you permission to legally serve your lawsuit via email, social media, or by leaving it with a close relative.
When you file a civil lawsuit in Alberta, the law dictates that you must personally hand-deliver the Statement of Claim to the defendant. 📬 However, people who owe money or anticipate legal trouble often move, hide, or refuse to open their doors. It can be incredibly frustrating to have your perfectly drafted legal documents ready, only to be completely stalled because you cannot locate the person you are suing.
Fortunately, the Alberta legal system recognizes this problem. ⚖ If you have made genuine, exhaustive efforts to find the defendant without success, the court allows you to ask for an alternative method of delivery. This is known as a Substitutional Service Order, and it keeps your lawsuit moving forward even when the defendant is actively trying to evade justice.
Step-by-Step Process in Calgary, Alberta
Obtaining this special order requires proving to a judge or a master that you have done your due diligence. 📍 You cannot simply give up after one failed attempt; you must build a documented record of your search efforts before applying at the Calgary Courts Centre.
Step 1: Attempt Personal Service and Skip Tracing
First, you must make a genuine effort to locate the person. Send a professional process server to their last known address in Calgary. If they have moved, you may need to hire a “skip tracer”-a specialized investigator who searches public records, utility bills, and credit databases to find the individual’s new location. 🔍 Keep detailed records of every failed attempt.
Step 2: Swear an Affidavit in Support
If all traditional methods fail, you must draft an Affidavit. 📝 In this sworn document, you will outline every step you took to find the defendant. More importantly, you must propose an alternative way to reach them that is highly likely to come to their attention-such as an active email address you have used to communicate with them recently, a verified Facebook profile, or the home address of their parent or spouse.
Step 3: Apply for the Substitutional Service Order
File your Affidavit and an application form with the court clerks. You will then appear before a judge (often without the other party present, known as an ex parte application). 📄 If the judge agrees that personal service is impractical and your proposed alternative is reasonable, they will sign the Substitutional Service Order, legally permitting you to serve the document via the alternate route.
How Much Does it Cost in Calgary?
Getting permission for substitutional service adds some administrative and investigative costs to your lawsuit. 💰 Here is a look at what you might spend in CAD as of May 2026:
- Court Filing Fee: Filing an interim application for a procedural order at the Alberta Court of Justice or Court of King’s Bench usually costs $50 CAD.
- Process Server / Skip Tracer: Hiring a professional to formally attempt service and run database searches to prove the person is missing typically costs between $150 and $350 CAD.
- Lawyer Fees: If a civil litigation lawyer drafts the Affidavit and attends the brief court application, the legal fees generally range from $400 to $900 CAD.
| Skip Tracing Investigation | Required to prove the defendant is actively hiding | $150 – $350 CAD |
| Court Application Fee | Mandatory government fee for the order | $50 CAD |
How Long Does the Process Take?
You should expect this detour to add a few weeks to your litigation timeline. ⏱ A process server will usually spend 1 to 2 weeks making attempts and investigating. Once you file your Affidavit at the Calgary Courts Centre, it typically takes another 1 to 3 weeks to secure a quick hearing date before a master or judge to have the order signed.
Frequently Asked Questions (FAQ)
Does sending a lawsuit through email actually count as legal service?
Yes, but only if you have a signed Substitutional Service Order from a judge explicitly allowing it. If you email the lawsuit without this prior court approval, the service is legally invalid in Alberta.
Can I serve them through WhatsApp or text message?
It is possible. Alberta judges have increasingly allowed service via text message or WhatsApp, provided you can prove the phone number belongs to the defendant and that the message was successfully delivered or read.
What if they still don’t respond after I serve them alternatively?
If you serve them perfectly in accordance with the judge’s Substitutional Service Order, the law treats it as if you handed the document directly to them. If they fail to file a Defence within the required 20 days, you can apply for a Default Judgment against them.
Can I serve their employer instead?
Yes, a judge may permit you to leave the documents with the human resources department or a manager at the defendant’s verified place of employment in Calgary, assuming the judge believes the employer will pass the documents along to the defendant.
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