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.
Keanu K. Krause of Hilo, Hawaii was recently arrested on a number of charges including unauthorized entry to a motor vehicle, third-degree theft, three counts of second-degree theft, and four counts of unauthorized control of a stolen vehicle. However, after his most recent court hearing, a paperwork mix-up led to Krause’s unintentional release from prison. According to Deputy Prosecutor Rick Damerville, “After his most recent court hearing, the sheriffs took him back to HCCC without the court’s bail order… Without the paperwork, the jail didn’t have the authority to hold him.” Continue reading
When you have an important legal matter to handle, you deserve to know that all essential legal documents are served and delivered with precision, efficiency, and speed. There are many process servers throughout the state of Florida, but only process servers who are accredited through the Florida Association of Professional Process Servers have the qualifications that help them go above and beyond to provide excellent service. Continue reading