How to Serve Small Claims Documents in NWT

What Rule 4 Requires

After the Territorial Court registry stamps your Statement of Claim (Form 1) and assigns a file number, you must arrange personal service on every named defendant. The court does not serve documents for you.

Personal service means physically handing the documents to the defendant. You must deliver two things together:

1. A stamped copy of Form 1 (bearing the court seal and file number)
2. A blank copy of Form 2 (Statement of Defence)

Missing the blank Form 2 is one of the most common service mistakes in the NWT. Without it, the registry will not accept your default judgment application later — the defendant is entitled to receive a blank defence form so they know how to respond.

Who Can Serve the Documents

Service can be performed by:

• You (the plaintiff)
• Any other adult
• A private process server
• The NWT Sheriff's Office (for a fee — $0.50 per kilometre of travel)

Whoever performs service must be prepared to swear an affidavit confirming what they delivered, when, where, and to whom.

Serving Different Types of Defendants

Individual: Hand the documents directly to the named person.

Corporation: Deliver the documents to an officer, director, or manager at the company's premises, or leave them at the registered office address listed in the GNWT Corporate Registries (CROS) profile.

Sole proprietorship: Serve the individual owner personally.

Partnership: Serve each named partner individually.

Filing Proof of Service (Form 3)

After service is complete, the person who served the documents must complete Form 3 (Affidavit of Service or Attempted Service). Form 3 records:

• The server's identity
• The exact date, time, and location of service
• A description of the person who was served
• Exhibit A: a copy of the stamped Form 1
• Exhibit B: the blank Form 2 that was served

Form 3 must be sworn or affirmed before a Commissioner for Oaths or Notary Public in the Northwest Territories. Filing an unsworn affidavit is grounds for registry rejection.

In remote communities, finding a Commissioner for Oaths can be a challenge. Options include RCMP detachments, local community justice committees, and visiting Legal Aid court workers. Some band offices and municipal offices also have commissioned staff.

When You Cannot Serve the Defendant Personally

If the defendant is avoiding you or cannot be located after diligent attempts, you can apply to a judge using Form 40 (Application to Judge) for an order authorizing substituted service. Substituted service might include registered mail, email, or another method the judge considers likely to bring the documents to the defendant's attention.

You will need to show the court what attempts you made and why personal service is not practicable.

Service Timelines

Once served, the defendant has:

• 25 calendar days to file Form 2 if served within the NWT
• 30 calendar days if served outside the NWT

If you are serving someone in a remote fly-in community, build in extra time for mail delivery and weather disruptions. The clock starts on the date of actual service, not the date you mailed the documents.

For a step-by-step service checklist and a tracker worksheet that logs every attempt, see the NWT Small Claims Filing Guide.

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