Things Process Servers Are Not Authorized to Do
Process servers must be careful to follow all Florida laws and regulations when serving process for court cases. Improper service of process can lead to quite a bit of frustration as court dates must be rescheduled. In a worst-case scenario, the case could be completely dismissed due to improper service of process. This is why it’s vital for process servers to know what actions are not allowed while serving process to avoid liability.
Process servers must be approved to work
Depending on where the process is being served, either the local sheriff or one of Florida’s judicial circuits govern process servers. Regardless of who has authority, the certification process includes mandatory training on all laws and rules related to the serving process in Florida and passing an exam to prove the potential server’s knowledge of the content. If a process server violates the rules set forth by the court, they could lose their certification. For severe violations, they may be permanently banned from working in those areas.
Process servers must be honest
At Accurate Serve®, our certified process servers will never:
- Represent themselves as police officers, even if that is their full-time job
- Impersonate any type of emergency personnel
- Impersonate any mail or package delivery service, including:
- USPS
- UPS
- FedEx
Process servers must not commit crimes
Being a process server does not give someone the right to commit any crimes. Process servers must never:
- Enter any private building or property without express permission
- Threaten or abuse a process recipient, including verbal abuse
Process servers must follow all laws
There are quite a few laws related to the service of process in Florida. State and local officials want to be sure that people involved in court cases receive the proper notice for the upcoming court dates. U.S. citizens and some others are guaranteed the right to adequate notification of requested court appearances in the Constitution, meaning process server laws deal with some of the foundations of our legal system.
Process servers here in Florida must adhere to all federal and state regulations by not:
- Having a stake in the case’s outcome
- Serving process in a county, judicial district, or state without first registering there as a process server
- Serving process on Sunday
- Attempting to serve someone at their workplace without first notifying their employer
- Attempting to serve someone at their place of business outside of normal business hours
- Attempting service of process by substitution or publication without first receiving court approval. Even if service by substitution is approved, the process server should not:
- Touch anyone’s mailbox, mail slot, or mail receptacle of any kind.
- Leave process paperwork on someone’s porch or other open and publicly accessible space.
- Leave process paperwork with anyone that cannot reasonably deliver it to the intended party.
- Leave process paperwork with anyone under 15 years old
Lawful Process Service in Southeastern Florida and Key West
An experienced process server can look at each assignment with common sense and decide the best way to serve process while always remaining in compliance with all laws. No two jobs will be the same, and as the industry evolves with new technology, there will be even more confusion about what is and what is not allowed. This is why you should always choose an experienced team of process servers, like those here at Accurate Serve® in Plantation, Miami, West Palm Beach, and Key West. Check out our website for our services, reviews, to send us service requests, and to check the status of your requests 24/7!