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
When you file a civil case with the courts, they will notify you that you must have papers served to the other party or parties to the case. The clerks will push having the sheriff or sheriff’s department serve the papers. This is done to help generate revenue for the county. However, it is much better to have a private process server deliver your legal documents. Here’s why.
A private process server is going to get your papers served much faster than the sheriff. The sheriff’s department has many responsibilities to the safety and wellbeing of everyone in the county. They have limited time and resources for additional tasks, and process service usually falls low on the list of priorities. That means that a sheriff could take weeks to serve your papers. Continue reading
If you have any type of civil case filed with the courts, chances are you will have to serve someone with legal papers for your case to move forward. Serving people with legal papers is much more complex than simply hand delivering court documents. It requires certification, registration, and following strict rules and guidelines.
In the state of Florida, only sheriffs and their deputies or private process servers registered with the courts are able to serve legal papers. You cannot do it yourself or appoint someone you know to deliver the papers. The private process server or sheriff will need to file an affidavit of proof of service for your case to move forward, so there is no getting around using one of these two options. Continue reading