When you have a legal matter that needs papers served to another party, your best bet is to hire a private process server to handle the matter for you. However, many people do not consider the dangers that a private process server is in every day while doing their job. Thankfully, private process servers are protected by the law. Here’s what you need to know if you have a difficult serve coming up.
Non-Violent Refusal of Service
According to Florida state law, an individual being served with papers must accept them and cannot refuse them. If an individual lies about who they are to a process server or otherwise refuses to accept the papers, the process server can contact the police or sheriff for assistance. If the individual is making threats, but is non-violent, they can be cited for it and charged with a misdemeanor. Continue reading
There are a lot of rules that private process servers have to follow. The courts have specific rules and regulations for how papers must be served depending on the type of case involved, but there are also some rules about how the process server must conduct themselves. Here are three rules that might surprise you.
Be Honest About Who They Are
You might have seen some tactics used on television or in movies where process servers pretend to be delivering a pizza then present someone with papers. These tactics are actually illegal. A private process server does not have to volunteer who they are immediately, but they do have to answer honestly when asked who they are. Continue reading
If you have a pending court case, you may be wondering if you can serve your own court papers in Florida. The simple answer is that most of the time you have to hire a private process server or pay the sheriff’s department to serve the papers for you. There are a few exceptions to this rule, however. Here’s what you need to know about when you can serve papers in Florida.
Lawsuits, Divorce, and Child Custody
The vast majority of court cases that require service of process are lawsuits, divorces, and child custody matters. In all of these cases, Florida law requires that a process server, the sheriff, or one of the sheriff’s deputies serves the papers in your case. You cannot serve these papers yourself. The biggest reason is that these cases cannot move forward unless all parties are aware of the proceedings and the courts want to be certain that an uninterested third party can verify that service of process occurred. Continue reading
If you have a defendant or respondent in your case that is difficult to locate, you might be wondering how you can help the process server catch them to have the papers served. There are some legal regulations in Florida that dictate when and where a person can be served with court papers. Here’s what you need to know.
You cannot serve court papers on a Sunday in the state of Florida. If your respondent is only in town on Sundays or is only at home on Sundays, you could have difficulty getting them served. It is important to do what you can to find other days of the week where they can be found to be served.
Is your respondent currently away at college, maintaining a second home in another state, or otherwise only in your local area on holidays? You may have a hard time getting them served in the normal fashion. Florida law also prohibits service of process on holidays such as Christmas, Easter, and Thanksgiving. Any national holiday is forbidden for service of process. Continue reading
An important part of nearly any court case involving another individual or company is process service. The courts require that parties to court cases are notified in writing of the action and that they are given a chance to respond. If you are unfamiliar with this process, it is important that you have a good process server to assist you. Here’s what to look for in a process server so that there are no delays in your case.
No process server can have a 100 percent success rate. Sometimes people cannot be found to be served. However, it is important that your process server does have a very high rate of success. A success rate of 90 percent or higher is ideal. This ensures that you are hiring a process server that will do everything in their power to get your papers served, and as quickly as possible. Continue reading