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
When you have a court case on your plate, you need to know that everything is going to go as smoothly as possible. You want to make sure that your papers are served quickly and accurately so your case is not held up in court for lack of service. Some private process servers engage in gutter serves, which can delay your case or even cause it to be dismissed. Learn what gutter serves are and how to avoid them.
What is a Gutter Serve?
Gutter serves happen when a process server trashes the papers that they have to serve, but they record that they executed service. They are called gutter serves because the papers end up “in the gutter,” so to speak. Gutter serves are illegal, and private process servers who are caught doing gutter serves can be removed from the certified list of private process servers with the courts. Even though the courts attempt to ensure that process servers are trained and certified, there is no guarantee that gutter serves won’t happen. Continue reading
If you are a new landlord coping with bad tenants or tenants who are not paying their rent, you may find yourself needing to know how to serve eviction papers in Florida. Florida has specific laws about how and why a tenant can be removed from the premises. It is important that you understand how service of eviction papers works, possible defenses by the tenants, and how to avoid obstacles.
The First Step
The first step in eviction is to serve the tenant with either a 3-day or 7-day notice. A 3-day notice is given for nonpayment of rent. A 7-day notice is given if they are breaking the terms of the lease in another way. With a 3-day notice, the tenant must vacate the property within 3 business days, not counting the day of service. With a 7-day notice, the tenant must remedy the terms of the lease or vacate the property in 7 business days.
While these forms are readily available online and can be served by anyone, it is a good idea to have these papers served by a private process server. These initial notices can be mailed via certified mail, left with any adult tenant, or posted to the door. It is important that whoever serves the notice makes record of how and when the notice was served.
One common defense to evictions is that the tenant claims to have never received the initial notice. This is why it is a good idea to use a private process server. They can certify that the notice was served in an appropriate manner. Continue reading
A divorce can be a lengthy and costly process, in addition to being wrought with emotional turmoil. If you are in a position in which you are filing for divorce, you likely want it to be over as quickly as possible. Besides filing the petition for your divorce, the first step is serving your spouse with divorce papers. How this is done is important, and it could determine how quickly you could have your divorce finalized.
Requirements for Serving Divorce Papers
You are not able to serve divorce papers to your spouse on your own. Divorce papers must be served by the sheriff or a registered process server. You can get a list of registered process servers from the court clerk, or you can contact us for more information about how we can help you. All of our process servers are certified by the courts.
Divorce papers also must be served directly to the respondent. They cannot be left with any other party. It is important that the process server you use understands the law regarding how divorce papers are served. The process server should verify the respondent’s identity using methods approved by the courts before leaving the divorce papers with that individual.
The Advantage of a Private Process Server
While you can use the sheriff’s department to serve your divorce papers, it is often much faster to have them served with a private process server. The sheriff’s department serves papers similar to a side gig. They have many other responsibilities that come first. That means there could be delays in serving your papers.
In addition, if your spouse is frequently not at home or hard to find, the sheriff’s department is not able to accommodate specific requests. For example, if your spouse has moved but you know they can be served at work between 8 and 5, there is no guarantee that the sheriff can deliver the papers at that location at the appropriate time. A private process server can accommodate these requests so the papers can be served quickly.
Avoid delays in your divorce proceedings by using an experienced and professional Florida process server. Contact us today for more information and rates.