If you have friends and family that live out of state, they may try to convince you that you don’t need to pay a private process server to handle service of your court papers. While many states allow a third party unrelated to the case to serve papers, Florida is not one of those states. Here’s what you need to know about why you need to hire a private process server in Florida.
The Florida Statutes
The Florida state statutes about service of process are very clear. Only the local sheriff’s department or a private process server registered with the courts is able to serve papers in a court case. Private process servers must go through a registration and certification process, be over the age of 18, and have no legal handicaps. You cannot register as a private process server just to help a friend with one case, and there are almost no exceptions to this rule. Continue reading
For most court cases, the responding party to a case must be served notice of the action and given a chance to respond. Your court case cannot move forward without this happening, for the most part. But what happens when someone really cannot be found to serve them? If your process server did their due diligence, you may be able to get alternative methods of service, such as publication, granted by the courts.
What is Due Diligence?
Due diligence means that every reasonable effort was made, all laws and regulations were followed, and the problem could still not be resolved. In process service, due diligence means that they did everything that could reasonably done to serve the individual and were still unsuccessful. Some process servers give up too soon, and due diligence is not deemed present by the court. However, a good process server will not give up on service until every avenue has been pursued. Continue reading
It is important to your case that your papers are served correctly and speedily. There are a number of rules about how papers should be served depending on the type of papers and the type of case involved. When you use a private process server to serve your papers, you want to make sure that the method of service won’t jeopardize your case. Here are some questions to ask your process server once they notify you that papers have been served.
Did You Deliver the Papers to the Individual Listed?
In many cases, service of process has to be made on the individual listed on the papers. There are some instances in which giving the papers to another adult in the household is acceptable. Find out from the process server who received the papers and if it was within guidelines for the type of case you have.
Did You Verify Identity?
Not every type of case requires that the individual being served shows identification to receive the papers. However, there are some qualifying questions that must be asked by the process server to verify the identity of the individual being served. The process server may verify date of birth and other information to make sure that they are serving the correct individual. Find out from the process server what methods they used to verify who they were giving the papers to. Continue reading
If you have a lawsuit, divorce, eviction, or other court proceeding that requires process service, it is important that you choose the right person for the job. There are a lot of options out there for process servers, but you should do your homework and make sure you are choosing the best one for your situation. Consider these points when you are looking for a private process server.
A good process server will be persistent in getting your papers served. Sometimes process service is quick and easy, but often, it takes diligence to get the job done. If the party to be served is only found at certain times of the day, or if you are unsure where to find them, some process servers will give up quickly. A good process server will be willing to do the legwork to locate the individual and do what it takes to get them served.
One way that you can measure the persistence of a process server is to learn their success rate. While not every situation can result in accurate service, the success rate should be fairly high. Ask these questions of anyone you are considering before choosing a process server. Continue reading
In today’s global marketplace, it is becoming common for lawsuits to involve companies and individuals from other countries. When you sue someone in another country, you still have to serve them notice of the lawsuit and give them the opportunity to respond. This is more easily said than done in many cases.
When You Can Serve an Agent
If the company you are filing a lawsuit against is headquartered in a foreign country but has operations in the United States, you may not need international service at all. Unless you are suing a specific individual in the company who resides in another country, you can have the papers served to an agent of the company at one of their local locations. Accurate Serve can serve papers to company representatives local to Florida.
When Papers Have to Go to Another Country
When the papers have to go to another country, there are several considerations to be made. If you don’t need the defendant’s local government to help you enforce the judgement, you can sometimes make service through the mail or by other means. An experienced process service company can help you determine if this is an option.
If you do need the defendant’s local government to enforce a judgement, you will need to go through very specific channels. If the country of the defendant is part of the Hague Convention, an agreement of countries for service of process, an experienced process server can go through the appropriate channels to make sure that papers are served successfully and accurately. If they are not, you have to go through a much lengthier process called Letters Rogatory, which is more expensive and time consuming. Again, an experienced process service company will be able to assist you.
If you are needing to serve papers internationally and aren’t sure what method will be appropriate, contact an experienced Florida process server for more information.