When you have a legal matter, it is important that your legal and court papers are served according to the rules and guidelines set forth by the courts. To that end, you must know the qualifications necessary for Florida private process servers so that you can be certain the process server you are using is qualified and legally able to serve the papers.
Private process servers in Florida must be registered with the courts, appointed by the sheriff’s department, or appointed by a judge for an individual serve. All process servers must be at least 18 years of age, have no mental or legal disability, be a permanent Florida resident, pass a background check, pass an exam, and obtain a Certificate of Good Conduct. Continue reading
If you have never had to deal with legal cases and process servers in the past, you may be confused about the terminology used by private process servers. In order to better understand the process and the updates that your process server is giving you, it is important to know the terminology that process servers use. Here are some of the most common terminology that you will encounter during this process.
Service of Process
Service of process is the job of the private process server. When you sue someone or file a legal action against them, you have to notify them of the action and give them a chance to respond or appear in court. These legal documents are sometimes referred to as process, and the delivery of these documents to the defendant or respondent is called service of process. Service of process is required for almost all civil legal actions that you file with the courts. Continue reading
If you are filing for divorce, suing someone, or instigating some other court matter, you will need to notify the other party of the case in order for it to move forward. The state of Florida requires that these types of court papers must be served either by the sheriff’s department or by a private process server certified and registered by the county. Here are some reasons why you should hire a private process server.
You Need Fast Service
The sheriff’s department will serve papers as part of their duties, but they don’t have time to dedicate to the practice. Sheriffs and their deputies have many pressing duties, primarily the protection of the citizens of the county. These duties can often mean that service of process gets pushed to the bottom of the list of priorities. For this reason, it can often take some time for you to get confirmation of service. A private process server only serves papers, which means that they can get your case moving quickly. Continue reading
Recently, federal courts have begun issuing warnings to lawyers in various states urging them not to share login information with third party vendors, including private process servers. While it may seem convenient to pass along information in this way, there are some very good reasons you should not share your logins with private process servers or any other third party. Here’s what you need to know.
Discrepancies in Papers
It may seem that the easiest way to get court papers to your process server is to simply give them your login so they can download and print the papers for themselves. However, this is not a good idea because there could be discrepancies in the papers. Problems could happen when papers are being uploaded to the site, such as pages being left out. If anything is inaccurate with the papers being served, it could hold up your court case. Continue reading
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