PEI Small Claims Process Servers and Alternative Service Options

When Personal Service Doesn't Work

You've filed your Statement of Claim (Form 7A), paid the $50 filing fee, and now you need to serve the defendant. Rule 74 requires personal service on an individual by delivering an issued copy directly to them. Corporations have separate service rules, including delivery to an officer, director, or branch manager, or leaving a copy at the registered head office. But what happens when the defendant dodges you, has moved, or simply can't be found?

PEI has three paths: do it yourself, hire a professional process server or use the sheriff's office, or apply to the court for an alternative method.

Using a Process Server

A claimant, adult agent, commercial process server, or provincial Sheriff may personally serve the documents. The person who served them then completes an Affidavit of Service (Form 8B) confirming delivery.

In Prince Edward Island, you have two options:

Sheriff's office: The sheriff can serve documents for a fee of $50 per hour or attempt, plus travel costs. This is arranged through the court registry. The sheriff provides the Affidavit of Service directly. For most small claims, the sheriff is reliable but can be slower — they're handling service for the entire provincial court system.

Private process servers: Commercial process servers operating in Charlottetown, Summerside, and across PEI handle service for a flat fee (typically $50–$150 depending on location and urgency). They're often faster than the sheriff, particularly for defendants in rural areas or those who keep irregular hours. Private servers are experienced at locating people and documenting attempts.

An adult (18 or older in PEI) who isn't a party to the lawsuit can serve documents. A friend or family member can do it — they just need to be prepared to swear the Affidavit of Service at a commissioner of oaths or notary afterward.

Documenting Service Attempts

Whether you use the sheriff, a private server, or another adult, document service attempts in case a motion for substituted service is needed. The Affidavit of Service (Form 8B) records the service details:

• The date, time, and location of service
• The specific documents served
• The identity of the person who served them
• How the person served was identified as the defendant

If you're using a process server, they handle this paperwork. If someone else is serving for you, make sure they keep detailed notes of every attempt — dates, times, what happened — before the memory fades.

Applying for Alternative Service (Substitutional Service)

When personal service genuinely can't be achieved — the defendant is evading service, has left the province, or their location is unknown despite reasonable efforts — you can bring a motion asking the court for an order permitting alternative service.

Examples of alternative service methods the court may authorize include:

• Service by mail: Sending the documents by registered mail to the defendant's last known address
• Service on another person: Such as an adult family member
• Publication: If the court approves it as a method likely to bring the documents to the defendant's attention

To get this order, you file a Notice of Motion ($40 fee) supported by an affidavit detailing:

1. Every attempt you've made at personal service (dates, times, locations)
2. The steps you've taken to locate the defendant (corporate registry searches, address verification)
3. The proposed alternative method and why it's likely to bring the documents to the defendant's attention

The court won't grant alternative service just because personal service is inconvenient. You need to show genuine, documented efforts that failed.

The Six-Month Service Deadline

Under Rule 74.07(2), once your Statement of Claim is issued, you have six months to serve it on the defendant. If you can't serve within that period, you must bring a motion for an extension of time.

This deadline matters because your limitation period stops running when you file, not when you serve. If you suspect service will be difficult, start the process immediately after filing.

For a complete service checklist, including the Affidavit of Service requirements and step-by-step instructions for documenting attempts, the PEI Small Claims Filing Guide covers the full service protocol with a dedicated service attempt log.

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