Home Blog What Is a Process Server
Process Serving Education

What Is a Process Server? Definition, Role & Requirements in Alberta

Published: October 21, 2024
8 min read
Pitbull Process Team

Understanding the role of a process server in the legal system, what they do, and how they operate in Alberta, Canada.

Process Server: Definition

A process server is a person who delivers (serves) legal documents to individuals or entities involved in a legal proceeding. The documents may include court summons, complaints, subpoenas, writs, and other legal notifications that require formal delivery.

Process servers operate as neutral third parties in the legal system. Their role is to ensure that all parties in a legal case are properly notified of legal actions being taken, which is a fundamental requirement of due process in the Canadian legal system.

Primary Role and Responsibilities

Document Delivery

Process servers physically deliver legal documents to named recipients. This may include statements of claim, divorce petitions, subpoenas, eviction notices, and other court-related documents.

Proof of Service

After serving documents, process servers complete an Affidavit of Service (also called Proof of Service), which is a sworn statement confirming the date, time, location, and manner of service. This document is filed with the court.

Locating Recipients

When recipients cannot be easily located, process servers may conduct skip tracing or locate services to find current addresses and contact information through legal means.

Court Filing Assistance

Many process servers also offer court filing services, delivering documents to court registries and ensuring proper filing procedures are followed according to court rules.

Who Can Be a Process Server in Alberta?

In Alberta, Canada, process serving is an unregulated occupation. This means there are no mandatory licensing requirements, certifications, or professional designations required by law to work as a process server.

Alberta Requirements

  • Must be 18 years of age or older
  • Cannot be a party to the legal proceeding being served
  • Must be competent to serve documents and provide an affidavit

While there are no formal certification requirements in Alberta, many process servers choose to obtain professional training through private organizations or industry associations to demonstrate competence and professionalism.

Types of Documents Served

Process servers handle a wide variety of legal documents. The most common types include:

Civil Court Documents

  • • Statement of Claim
  • • Statement of Defence
  • • Notice of Motion
  • • Affidavits

Family Law Documents

  • • Divorce Petitions
  • • Child Custody Applications
  • • Spousal Support Claims
  • • Protection Orders

Real Estate Documents

  • • Eviction Notices
  • • Notice to Quit
  • • Landlord-Tenant Disputes
  • • Property Claims

Business Documents

  • • Subpoenas
  • • Garnishments
  • • Writs of Enforcement
  • • Corporate Service

Process Server vs. Sheriff in Alberta

In Alberta, both process servers and sheriffs can serve legal documents, but they operate differently:

Feature Process Server Sheriff
Type Private service Government service
Speed Typically faster (same-day available) Slower due to volume
Cost Fee-for-service (varies by company) Fixed government fee
Service Types Most civil and family documents Enforcement orders, writs, seizures
Authority Cannot enforce court orders Can enforce court orders and seizures

Note: For standard document service (Statements of Claim, divorce papers, etc.), private process servers are often chosen for speed and flexibility. Sheriffs are typically used for enforcement actions.

When You Need a Process Server

You may need to hire a process server in the following situations:

1

Starting Legal Proceedings

When you file a lawsuit, divorce, or other legal action, you must formally serve the other party with notice of the proceedings.

2

Responding to Legal Documents

When filing responses or counter-claims, you must serve your documents to all parties involved in the case.

3

Serving Out of Province

When the recipient is located outside Alberta, specialized process servers can coordinate service in other jurisdictions.

4

Difficult-to-Locate Recipients

When you cannot find the person who needs to be served, process servers can conduct skip tracing to locate them.

5

Time-Sensitive Matters

When you have court deadlines or urgent legal matters, professional process servers offer same-day or rush service options.

Legal Disclaimer

This article provides general educational information about process servers in Alberta. It is not legal advice and should not be relied upon as such. For specific legal guidance regarding your situation, consult with a qualified lawyer licensed to practice in Alberta.

Frequently Asked Questions

Do I need a lawyer to hire a process server?

Can I serve documents myself in Alberta?

How long does process serving take?

What happens if the person refuses to accept documents?

Are process servers licensed or regulated in Alberta?

What is an Affidavit of Service?

Need Professional Process Serving?

Pitbull Process Service provides fast, reliable document service throughout Edmonton and Alberta. Same-day service available.

Chat on WhatsApp