It’s a natural human instinct to avoid people and events that appear dangerous or make us uncomfortable and nervous. Unfortunately, many people feel that way about process servers.
A process server is a person who is legally certified to deliver court orders and court documents relating to a defendant’s presence in court. Aside from court-appointed officials like the sheriff, process servers are the only individuals who can serve defendants with the papers necessary to advance a court case or legal situation.
It may be tempting to avoid a process server so that you never receive the papers that potentially hold bad news for you. However, avoiding a process server has real consequences that could be even worse. Continue reading
There are some myths about serving legal papers that travel among most circles where real knowledge of the industry is lacking. The truth of the matter is that all of the rules and regulations surrounding service of process is very complex and easy to misunderstand. Here are some of the most common misconceptions about serving legal papers in Florida.
Myth: Legal papers must be put directly into the target’s hand.
This is very untrue, especially right now. A lot of people are doing no-contact service, where the legal papers are left in an easily accessible place after verifying identity of the intended party. That also means that if someone refuses to open their screen door to take the papers, you can leave them in a prominent place rather than waiting. It is still considered valid service.
Myth: Your case can’t move forward without legal service of process.
While this is fundamentally basic, it isn’t technically true. Due process requires every US citizen the opportunity to learn of legal action taken against them and given the opportunity to defend themselves. This is the purpose of serving legal papers in the first place. But there are alternatives. The judge can allow you to leave it easily found at their residence, serve by certified mail to residence or business, or by publication to newspapers.
Myth: No one can be sued if they can’t be found
This is completely untrue. Regardless of the type of civil case, it can definitely be decided with or without your participation. If you have someone served and they run or avoid service, it is their choice to allow the legal action to proceed by default.
If you are having difficulty getting someone served in your case, contact us today for assistance.
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