canada small-claims-court british-columbia service
How to serve a summons to payment hearing to a debtor?
<p>Must the creditor personally serve the debtor face to face? Is it OK to put the document inside a regular envelope and must the envelope be labelled with anything? Must the creditor say anything to the debtor when serving the document? I understand if the debtor refuses to hold the document you can just drop it in front of them.</p>

<p><a href="https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/261_93_04#rule18subrule14" rel="nofollow noreferrer">Rule 16 of the Small Claims Rules</a> states this...</p>
<blockquote>
<p><strong>Written proof of service</strong></p>
<p>[...]</p>
<p>14(e) for personal service of a summons to a payment hearing, <strong>an
affidavit of service.</strong></p>
</blockquote>
<p>And <em>Form 12 Summons to a Payment Hearing</em> at Schedule B includes the <a href="https://www.bclaws.gov.bc.ca/civix/document/id/loo70/loo70/261_93_06#form12-6" rel="nofollow noreferrer">Affidavit of Service</a> which appears to give just two options...</p>
<blockquote>
<p>Leaving a copy of it with him or her.</p>
<p>As directed by the court by...</p>
</blockquote>
<p>The rules do not mention, and therefore do not seem to require, anything other than &quot;Leaving a copy&quot; with the debtor, but common sense should prevail to avoid the hearing being unnecessarily diverted away from the points at issue.</p>
<p><strong>Edited To Add</strong></p>
<blockquote>
<p><em>Rule 15 Oral proof of service</em></p>
<p>Instead of requiring proof of service under subrule (14), a judge or
registrar may allow a person to prove by sworn oral evidence that the
person has personally served a document.</p>
</blockquote>
