It can be frustrating to get a court case started around the holidays. Holidays always cause some delays in getting court dates scheduled. The holidays can also slow down the process of getting your legal papers served. Here’s what you need to know about process servers and the holidays.
No Legal Reason Not to Serve
There is no legal reason not to serve papers during the holidays. In fact, papers can be served almost anytime or anywhere within reason. However, that doesn’t mean that your papers will get served over the holidays. While it might seem like the perfect time because you know that they will be at home with their family, there are several reasons a private process server might not take advantage of this. Continue reading
Private process servers use a number of tools to locate people and serve papers. Skip tracing, digital public records, GPS, and other technology allow them to do their job correctly and efficiently. With the constantly changing times, private process servers must update or add new technology to assist them. Social media is one of the things that private process servers are really starting to use more frequently.
Locating Resident City
While it is true that some people do not update their city on social media quickly or at all, often the city and state listed on social media is accurate. If an individual has moved and you aren’t sure of their new location, this can give the process server or skip tracer a starting point in trying to find them. Continue reading
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