There are many legal requirements that process servers must meet before they are able to serve papers in that Florida court. You should be aware of these qualifications so that you can make sure the private process server you hire in Florida will be able to legally deliver your papers instead of jeopardizing your case. Here is what you need to look for.
Registered with the courts
You cannot use any private process server to deliver legal documents in your case if they are not registered with the appropriate court. Just because a process server is trained and available in Florida doesn’t mean they can be used in every jurisdiction. You need to check with the court you are filing with to make sure your process server is on the list. Continue reading
If you don’t know how to find the person you want to sue, you could run into a big problem. You can’t file a lawsuit in Florida unless you have an address for all parties to the case. If the address you file with turns out to be inaccurate, the process server will have to track down that individual so they can be served.
Do you have a last known address?
As long as you have a last known address based on your dealings with the individual or business, it is a great starting point. You can check with the post office to see if they left a forwarding address and go from there. A private process server can take that information and track people down. Continue reading
The rules about what constitutes legal proof of service and who can execute it do not change in Florida often, but there are many other ways that your process server needs to stay up to date on the latest trends in process service. Especially in light of the constantly changing dynamic of the legal and business world due to the pandemic, it is more important than ever for process servers to know the law and their responsibilities.
The pandemic is changing the way we do things across the board, and that includes our legal system. Courts are having to come up with new ways to effectively replace old processes that don’t allow for social distancing or mask wearing and meet the challenges of keeping cases moving through the courts with everyone staying at home. Continue reading
Do you need to serve someone that you know is going to be difficult? If so, you’ll want to warn your process server when you first hire them, but you should also be aware that there are some things that private process servers aren’t allowed to do so that you can determine the best course of action.
If there are “no trespassing” or “keep out” signs posted, the process server cannot go on the property to effectuate service. Process servers are still civilians, and the law applies to them just like any other citizen. Continue reading
Are you suing a business who has wronged you in some way? If so, you’ll need to serve legal papers to the business named in your lawsuit, but you can’t get a signature from a business. The papers have to be delivered to someone who is responsible for the actions of the business. It is important to understand the rules about who can take possession of legal papers being served.
All corporations and most businesses are required to have a registered agent. This individual is responsible for accepting service of process for the business and passing it on to the legal department or designated officer in the company. If the business has a registered agent, you must serve the papers to that agent at their primary office location during their normal business hours. Continue reading