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 But many argue that the law is outdated and needs to allow for digital service of process.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
Many people are under the impression that a process server is an agent of the court, which gives them more authority than a civilian. This is a common misconception bred from movies and mystery novels. In reality, private process servers are citizens just like you; and, therefore, they have to follow rules just like anyone else. Here are some of the rules that process servers must follow.
No one should be working as a private process server in the state of Florida if they have not been certified with the courts. To be a certified process server, you must go through a process service course, pay an application fee, complete an application and background check, and pay a $5,000 bond through a surety company. If you are working with a process server who is not on the certified list, you should immediately change services. Continue reading