Serving legal papers happens a lot on tv and movies, and they all seem to play by different rules. Although, there are some process serving myths and habits that seem to be portrayed across all media. But, the bottom line is that most of what you see on the screen is just that–fiction on a screen.
What happens when a guy slams the door in the process server’s face?
In the state of Florida, this doesn’t necessarily mean that the person hasn’t been served. If the process server positively identified the target before the door was shut, they can leave the papers in the door jamb or other easily accessible place.
Is a process server really going to kick in my door if I refuse service?
A lot of movies show process servers kicking down doors, chasing people through alleyways, and getting into high speed car chases just to get legal papers served in some scandal of a case. But the truth of the matter is that a private process server is a civilian just like you, and must follow the same laws. That means that a private process server can’t go onto property marked no trespassing, and they can’t forcibly serve papers or cause any type of damage.
Do people really run from legal papers and try to disappear?
This is something that happens a lot in the crime shows. Some important witness or guilty party tries to disappear and run from being served. If they can’t be found, nothing can happen, right? In reality this is no deterrent to getting charges or lawsuits filed against you. If you run from a legal case, you can be tracked down through skip tracing of public records, and you will still have to answer the summons.
Do you have questions about what we can really do as process servers? Contact us today to learn more about our methods and the laws we must follow.
The serving of legal papers is a very important part of our judicial system, and it is important that it is carried out according to the law. But many argue that the law is outdated and needs to allow for digital service of process. Here is how the digital world and the pandemic are affecting service of process.
There are even more challenges to serving papers in a pandemic than there were in the past. Many people want no contact with people outside their home at all. If someone is very immunocompromised, they may not even be going out for groceries or necessities. That means that they also might not open their door. How are these people to be served? Continue reading
You are probably aware that you have to notify the other parties to your case before it can be heard in the courts. This is called service of process, and it is necessary to protect everyone’s rights to defend themselves from legal action. But the pandemic is making it somewhat difficult to serve some individuals, particularly businesses.
What happens when someone can’t be found or can’t be served at the appropriate location?
Florida courts allow alternative service on a case by case basis for these types of situations. If the person who needs to be served cannot be located because they have moved and there is no known address, alternative service might be granted. Continue reading
It is a lot more complicated to serve a business legal papers than it is to serve an individual. How papers must be served and to whom depends on several things, including the type of business, the size of the business, and where the business is located.
As a general rule, businesses must be served at their place of business. However, there are some exceptions. For example, if you are serving a sole proprietor, partnership, or freelancing individual, you may be able to serve them at their place of residence, especially if that residence also acts as their place of business. Continue reading
If you are being served for a civil or criminal matter, it is important that you know your rights and how service of process is supposed to work. One of the important things to know is that you should never give money to a process server.
Process server asking for payment
If a process server thinks you don’t know the rules, they might try to convince you that you have to pay them for service instead of the person having you served. You should never owe a process server money on delivery. Those services are paid for in advance by the person requesting service of process. Process servers are not a cash on delivery business. Continue reading