Yes, you have 1 year from the date of the court stamp to effectively serve your Defendant (or Defendants). After this time your action will expire and you will no longer be able to pursue. If the date of your action is soon to expire notify an IRS representative immediately.
Many times a Defendant or action to a party is unable to be served due to the simple fact that they are either out of the country or hiding under a rock. Most times an IRS agent is able to locate these individuals, either under the rock they are living in or residing outside of Canada.
Applications can be made to the court for what is called a "sub-service order”. These applications need to prove to the courts that you exhausted all avenues in serving your parties. We can supply you with a number of tools at this stage, including:
A) Affidavit of Attempted Service: outlining the Process Servers attempts at locating and attempting service on the individual, or:
B) Affidavit: outlining from the skip tracer responsible that he or she effectively tried to locate the individual and tried contacting that individual. On every Affidavit a source will be provided where documents can be delivered (should the individual be evasive). The Affidavit will outline either a family members home, a confirmed home or employment address for the individual, or any other locations where we believe a Defendant would become aware of proceedings.
Attaching to the courts both an Affidavit (A) and an Affidavit of Attempt (B) from one of our skip tracers or process servers will outline to the courts the exhaustive avenues you took to locate these individuals before applying for a sub service order.