Simply put, a process server is a person who hand delivers court case documents to the parties named in the case. Without some context, this definition may seem a little confusing. Why would you need some random person to deliver your case documents? Why can’t you just do it yourself? Is using a process server even required?
In Tallahassee, it’s not a matter of choice. Anyone filing a lawsuit must use either the sheriff’s office or a certified and approved private process server to deliver their case documents to everyone named in the case, including the defendant(s), witnesses, and other parties. Continue reading
Have you ever wanted to make your upcoming court case even more stressful than it already is?
Well, no problem, just avoid the process server!
Often, people mistakenly think that if they avoid service of process for a court case that they will never have to face it, but this couldn’t be further from the truth. While avoiding a process server will temporarily delay the case, there are ways to serve someone without physically handing them the case documents. Once the process server has met the requirements for one of these alternative service methods, the defendant is considered served and the case will proceed. At this point, if the defendant continues to avoid the matter and doesn’t show up for the proceedings, a default judgement will be granted to the plaintiff. Continue reading
Process servers must follow strict rules when delivering legal documents. There is no room for error, and making a mistake while the serving process can derail a plaintiff’s entire case. At best, the court date will need to be rescheduled. At worst, the case will be entirely dismissed! Either way, the reputation of both the process server and the attorney will suffer and the total case expenses will skyrocket. To say that entire court cases hinge on the actions of the process server is not an exaggeration.
Process servers must follow specific rules to become certified in Florida’s 2nd Judicial Circuit, which includes Franklin, Gadsden, Jefferson, Leon, Liberty, and Wakulla counties. Once certified, the process server must continue to follow these rules while on the job. Continue reading
Avoiding a process server is an all-around bad idea. Process servers uphold your conditional right as a defendant to due process. If a process server attempts to serve you as a defendant, a witness, or a relevant stakeholder; It is in your best interest to comply and receive service. Avoiding service can lead to:
More expensive and lengthier trial
In addition to multiple process server charges for the multiple service attempts, avoiding process service can lead to extra attorney charges, extra court costs, and fines. Repeatedly avoiding service can also cause court dates to be rescheduled, lengthening the trial significantly. Continue reading
So you’ve filed your complaint and received a summons from the Leon County Clerk of Court…now what? It’s time to hire a process server! You want to make sure you are hiring someone who is certified to serve in the area, knows and follows the law, and provides proof of service. When hiring any process server in Tallahassee you should ask:
Are you certified in Florida’s 2nd Judicial Circuit?
Florida’s 2nd Judicial Circuit presides over all of Leon County, including Tallahassee. Other counties included in the 2nd Circuit are Franklin, Gadsden, Jefferson, Liberty, and Wakulla. Private process servers must be approved by a 2nd Circuit Judge to serve process here. Approval involves: Continue reading