When is a claim form deemed served?

When is a claim form deemed served?

• A. On the second calendar day after the relevant step to serve has taken place.
• B. On the second business day after the relevant step to serve has taken place.
• C. On the day the defendant receives it.
• D. On the last day of the month.

Answer: (B)

In commencing proceedings, timing for when the claim form is treated as having started is set by deemed service rules. The rule is that the claim form is deemed served on the second business day after the step to serve has taken place. The “step to serve” is the act of delivering or sending the document by a permitted method (for example, posting it or handing it to the party or their representative). Because this uses business days, weekends and public holidays don’t count toward the two-day period. So, if you post the claim form on a Monday, it’s deemed served on Wednesday. If you post on Friday, it’s deemed served on the following Tuesday. The crucial point is that it’s not about the defendant actually receiving or reading it, and not about the last day of the month.

In commencing proceedings, timing for when the claim form is treated as having started is set by deemed service rules. The rule is that the claim form is deemed served on the second business day after the step to serve has taken place. The “step to serve” is the act of delivering or sending the document by a permitted method (for example, posting it or handing it to the party or their representative). Because this uses business days, weekends and public holidays don’t count toward the two-day period.

So, if you post the claim form on a Monday, it’s deemed served on Wednesday. If you post on Friday, it’s deemed served on the following Tuesday. The crucial point is that it’s not about the defendant actually receiving or reading it, and not about the last day of the month.