Accurate Serve
Can Legal Documents Be Put in a Mailbox?
“Can’t I just leave it in their mailbox?”
It’s a question we get all the time. It makes sense…that’s where people receive important documents and notices, so why not also use it to deliver court process?
Well, the reality is that there is absolutely no circumstance where it’s okay to put the legal process in an intended recipient’s mailbox. In Florida, it is preferred for process to be delivered by hand, in person. Even when it cannot be delivered by hand, it is still not okay for it to just be placed in someone’s mailbox…there are procedures that must be followed to serve a person when they cannot be found in person. Continue reading
Frequently Asked Questions About Process Serving
What is Process?
According to Cornell Law School, a process is a set or collection of documents relevant to a specific court case that are to be served to the defendant(s) named in the case. These papers often include a court summons and the complaint as filed by the plaintiff. When a process is for a witness or other person, the process may include a summons and subpoena.
What is Service of Process?
Cornell states that service of process is the process by which defendants named in court proceedings are given adequate notice of those upcoming court dates. This is related to due process as mentioned in the 14th and 5th amendments of the U.S. Constitution. Due process ensures people have adequate time to prepare for a legal case against them. Continue reading
How Long Does It Take to Have My Papers Served?
When you file a legal complaint against another person with the Clerk of Court in Florida county, the countdown begins. It is now the plaintiff’s responsibility to assure that the parties mentioned in the lawsuit and court summons are notified appropriately. In order to comply with this notification requirement, you must provide it by a law enforcement officer or approved private process server.
Deadlines
Summons & Complaints
The plaintiff has 120 days (approximately 4 months) from the date of filing to serve the named defendant(s) with the summons and complaint. For all the guidelines on how process may be served, see Florida’s state laws governing process servers (there are a few!). Continue reading
How Many Times Can a Process Server Come to Your House?
Service of process is the task of formally delivering legal documents to a person or organization. The process server will attempt to deliver the documents to the individual or organization named on the documents if possible. If after several attempts the process is not successfully served, then process servers may resort to leaving the documents with another adult on the premises, or serving by publication in a local newspaper.
Multiple Service Attempts
If the process server cannot find you on the first service attempt, they will make several more attempts before requesting permission from a judge to serve you by substitution or publication. How many service attempts a process server makes is dependent on several variables, including: Continue reading
Mistakes to Avoid When Process Serving
When you’re working as a process server, there’s a lot to remember. You have to keep the cases you’re working on separated, remember vital information about targets, file proofs with the courts, and notify clients of the status of their specific cases. It’s no wonder that organization is one of the key characteristics of great process servers! Organized process servers avoid making mistakes that could add extra time and cost to their client’s cases, such as:
Allowing Your Certification to Lapse
In Leon County, all process servers must either be appointed and approved by the local Sheriff or certified by Florida’s 2nd Judicial Circuit. This approval/certification must be renewed at certain intervals to remain valid. If you forget to renew your approval/certification, all the services you provide will be invalid. Continue reading
The Importance of a Process Server in Legal Matters
What do you think of when you envision a process server? Do you see someone dressed in a suit and tie, serving process with an air of authority? Or do you see something more Pineapple Express-ish, with a lazy slacker dressing up in disguises to fool unwitting targets?
No matter what you envision, the fact is that process servers provide an essential legal service for everyone living in the U.S.
Functions of a Process Server
Process servers deliver paperwork related to court cases to the individuals and businesses that they are concerned with, along with information about upcoming court dates. Recipients could be defendants in a legal case, or simply witnesses or subject matter experts. No matter who it is, process servers make sure they get the information they need when they need it. Continue reading
April Newsletter 2022
|
||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||
|
Why You Need to Hire a Process Server
You may be wondering if you really need to hire a process server to deliver legal notices and case paperwork. It can be tempting to try to save some money in the budget by serving these documents yourself or hiring an uncertified server. Don’t do it! Not using a reputable, certified process server can have some severe consequences for your case!
Using a certified private process server is always a great idea because:
It’s the Law
In Florida, many legal documents, including court summons and subpoenas, must be served by either a certified private process server or law enforcement. If you use a process server that is not properly approved and certified, your entire case could be dismissed and you would need to completely restart the filing process. This will take extra time and add expenses to your case. Continue reading
February Newsletter 2022
|
|||||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||
|
|
|||||||||||||||||||||||||||||||||||||||||
|
Is it Legal For Process Servers to Serve Papers through Social Media?
Social media is entrenched in controversy these days. From accusations of misinformation campaigns spurring political violence to privacy concerns, it seems that the golden age of sharing what you ate for dinner is coming to an end. As governments and regulators crackdown on what is allowed on social media and who is responsible for the outcome, many wonder what the future of this industry holds and how it will affect them.
Process serving is generally somewhat stuck in the past, with most service still required in person, notices still published in print newspapers, and some areas that even allow a paper sign posted near the courthouse door over a post on a popular social media platform. While this may sound absurd, there are some solid reasons for keeping the service of process off social media sites, including privacy concerns, security issues, and lack of return receipt. Continue reading