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Common Questions About Process Servers in Florida

When it comes to legal proceedings, the role of a process server is often misunderstood or overlooked. As the leading process service agency in Tallahassee, Accurate Serve of Tallahassee is here to answer some common questions about process servers in Florida. In this post, we will provide clarity on the responsibilities, qualifications, and benefits of hiring a process server, ensuring that you have a comprehensive understanding of their crucial role in the legal system.

What is a process server, and what do they do?

A process server is a professional who delivers legal documents, such as subpoenas, summons, and complaints, to individuals involved in a legal case. Their primary responsibility is to ensure that all parties are properly served according to the rules and procedures outlined by the state. Process servers play a critical role in the legal process by facilitating communication and ensuring that all parties have notice of legal proceedings. Continue reading

Mistakes Often Made By Process Servers

As a reputable process service agency, Accurate Serve® of Tallahassee is committed to delivering professional and efficient service to our clients. However, it is important to acknowledge that mistakes can happen in any profession, including process serving. In this post, we will shed light on some common mistakes often made by process servers and discuss rules specific to Florida. By being aware of these mistakes, we aim to uphold the highest standards in our industry and provide accurate and reliable service to our clients.

Lack of Due Diligence

One of the most prevalent mistakes made by process servers is a lack of thorough due diligence. It is essential to conduct extensive research and gather all the necessary information regarding the individual or entity being served. Failure to obtain accurate details, such as correct addresses, updated contact information, or legal requirements, can result in wasted time and resources, delaying the serving process. Continue reading

Why Should I Hire a Process Server Instead of a Local Sheriff?

When it comes to serving legal documents, many people assume that the local sheriff’s office is the best choice. However, in many cases, hiring a professional process server can offer several advantages over relying on the sheriff’s office. In this post, we’ll explore the benefits of hiring a process server and why it may be the better option for your legal needs.

What is a Process Server?

A process server is a professional who is hired to deliver legal documents to individuals who are involved in a legal proceeding. These documents may include subpoenas, summons, complaints, and other court orders. Process servers are trained to follow local rules and regulations regarding the service of process and are often more experienced and efficient at delivering legal documents than a sheriff’s office. Continue reading

How Can I Serve Someone out-of-state Process?

If you have ever found yourself in a legal dispute that originated in another state, you may need to serve someone in Florida with out-of-state process. This can be a complex process, but understanding Florida’s service of process rules can make it easier. In this blog post, we’ll explore what out-of-state process is, the rules for serving out-of-state process in Florida, and what UIDDA Florida means for serving out-of-state subpoenas in Florida.

What is Out-of-State Process?

Out-of-state process refers to legal documents that originate in one state but need to be served on someone who is located in another state. This can include subpoenas, summons, and other legal notices. If you need to serve someone in Florida with out-of-state process, you will need to follow Florida’s service of process rules. Continue reading

Do Process Servers Call Ahead of Time?

One of the most common questions we receive from our clients is whether process servers call ahead of time before serving legal papers. The answer to this question is not straightforward and depends on various factors. In this blog post, we will discuss these factors and when calling ahead of time is appropriate.

Factors That Determine Whether Process Servers Call Ahead of Time

There are several factors that determine whether process servers call ahead of time before serving legal papers. These factors include: Continue reading

Knowing if a Process Server is Legitimate

Hiring a process server can be difficult if you don’t know what to look for. With so many scams out there these days, it’s no wonder that we’re all skeptical about even valid legal services. Unfortunately, the process service industry has also been affected by scammers, so it’s more important than ever to verify that whoever you’re paying is who they say they are.

To make sure the process server you hire is legit, make sure:

They’re Certified

All private process servers in Florida must be certified by the judicial circuit or local Sheriff where they plan to work. Here in Tallahassee, process serves are governed by Florida’s 2nd Judicial Circuit, which only covers Leon County. A list of currently certified process servers in the 2nd Judicial Circuit is maintained here. If you cannot find the process server’s name that you want to hire on this list, they are not qualified to serve process in Leon County and any process they do serve is invalid. Continue reading

Common Missteps to Avoid When You Get Served

No one wants to get served with a summons to court, but sometimes in life, it just happens. When and if you do ever get served with the court process, it’s important to handle the situation maturely. So many people try to use aggression, deceit, or even violence to get out of being served, but these are the worst things you can do. Each will lead to more legal issues that could end up costing you thousands or even land you in jail!

Avoid these common mistakes we see people make when being served, and you’ll be one step closer to resolving your legal troubles:

Lying

This is probably the most common mistake we see people make when being served. No one ever wants to admit who they are, but that doesn’t always mean service can’t be made. Even without someone admitting to their identity, we can still confirm it with verified photographs, demographic information, and statements from others. Lying can often delay service, but the delay is temporary. Continue reading

What Happens if a Process Server Can’t Serve Someone?

Finding a defendant or witness who needs to be served with the court process usually isn’t too difficult, but occasionally, finding that someone is quite hard. This is a big problem since the clock starts ticking as soon as a civil case is filed in Florida. The plaintiff (and by association, the process server) has a certain number of days to serve the defendant or prove to the court that they have a good reason for not doing so. So the process server needs to find the defendant or witness ASAP to beat the deadline.

120 Days is the Limit to Serve Process

If a case’s process is not served within 120 days from the date the case was filed by the plaintiff, a motion to dismiss the case entirely can be filed. If approved, the case is dismissed and must be completely refiled from the beginning. However, if the plaintiff can convince a judge that they have a good reason for not meeting the 120-day deadline, then the judge might approve an extension. Continue reading

Understand What Paperwork You Should Complete to File a Lawsuit

If you have a legal dispute with another person or business, you may decide to take that person or business to court so you can be compensated financially for your claims against them. However, you must know exactly where to file your case and what forms and information are required. Here in Leon County, you must first know the total dollar amount of compensation you are seeking. This amount will determine which court is appropriate to hear your case, as follows:

  • $8,000 or less – Small Claims Court
  • over $8,000 but less than $30,000 – Leon County Civil Court
  • over $30,000 – 2nd Circuit Civil Court

Note that these totals do not include filing fees, interest, or attorney’s fees. Once you’ve determined which court will hear your case, it’s time to file. The paperwork required for your case entirely depends on the specifics of your case and where it is filed. Continue reading

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