How to Serve Small Claims Documents in PEI

Filing your Statement of Claim is only half the job. The court cannot proceed until the defendant has been properly served — and "properly" has specific rules in PEI. Botched service is one of the most common reasons small claims stall.

The Six-Month Window

Once the registry stamps your Form 7A, you have six months to serve the defendant. Miss that window and you need a court order extending the time for service, which means a motion, a $40 filing fee, and a delay.

Personal Service

The standard method. Personal service means delivering a copy of the issued Statement of Claim directly to the defendant. Under Rule 74, service may be effected by the claimant, an adult agent, a commercial process server, or a provincial Sheriff.

For corporations, personal service means delivering the documents to a director, officer, or someone at the registered head office who appears to be in charge.

Using the Sheriff or a Process Server

The Sheriff's office will serve documents for $50 per hour or attempt plus travel. They are reliable and their affidavit carries weight, but scheduling can take time.

Private process servers in Charlottetown and Summerside may charge about $50–$150, depending on location and difficulty. They are often faster than the Sheriff and can make multiple attempts on short notice. Their affidavit of service is equally valid.

Proving Service: Form 8B

After service is complete, the person who served the documents swears an Affidavit of Service (Form 8B). This affidavit must be sworn or affirmed before a Commissioner for Taking Affidavits, a notary public, or a judicial clerk — you cannot just sign it yourself.

The affidavit includes the date, time, location, and method of service, plus a description of the person who was served. File the completed Form 8B with the court registry.

Without a properly filed Form 8B, the court has no proof service happened. You cannot get a default judgment, and the hearing cannot proceed.

When the Defendant Avoids Service

Some defendants duck process servers, refuse to answer the door, or give a false address. If you cannot achieve personal service after reasonable attempts, you can apply to the court for an order allowing substitutional service — serving by an alternative method such as:

• Leaving the documents with an adult at the defendant's last known address
• Sending the documents by registered mail
• Service by email or other means the court approves

You need to file a motion ($40) showing what attempts you already made and why alternative service is justified. The court decides on a case-by-case basis.

Serving a Business

For a sole proprietorship, serve the owner personally. For a partnership, serve the partners and include a Notice to Alleged Partner (Form 5A). For a corporation, serve at the registered office or hand documents to a director or officer — verify the current details through the PEI Corporate Registry before attempting service.

The PEI Small Claims Filing Guide includes a service attempt log and step-by-step instructions for each service method.

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