It does sometimes happen that people cannot be found to serve them necessary legal papers. The court clerk likely told you that service of process is required before your case can go before the judge. This is entirely true, but what do you do if you just can’t find someone no matter what you try? It depends on the situation and what has been done to try to serve the papers.
It is required by most judges that you show evidence of taking all reasonable measures to find and serve the party. This could mean that the judge will ask for proof of the fact that the individual moved with no forwarding address, couldn’t be found at work, and couldn’t be tracked down through skip tracing or by a private investigator. If all of those measures are taken and the party still can’t be found, the judge may offer a different solution. Continue reading
If you have filed papers with the court and need papers served to the other parties, you may have been told by the court clerk that you could have the sheriff’s department serve the papers. While this may seem like a good idea on the surface, there are a lot of reasons that the sheriff makes a bad process server. Here are some of the reasons that you shouldn’t use the sheriff to serve your papers.
A sheriff’s department is not going to be timely about serving your papers. They have a lot of other responsibilities that take precedent over this low priority. Sometimes papers may never be served before they expire simply because they keep getting pushed down on the list of priorities. Continue reading
Process servers play an important role in the legal system. The right to due process means that individuals must be informed of court cases against them. Process servers fulfill this role by serving process, or delivering legal papers in approved and legal ways.
If you have always wanted to be a part of the system, becoming a process server is one way to do so. It is actually fairly easy to become a process server in Florida. Here are some of the key points that you need to know.
You must meet some basic qualifications before you are able to become a process server. You must be at least 18 years of age. You must also have no physical, mental, or legal disability that would prevent you from doing your duty. This means that you cannot have anything negative on your background check. Continue reading
When you have a legal matter pending that is being held up by lack of document service, it can be very frustrating. Private process servers do have ways to find people who need to be served, even when they don’t want to be found. This is called skip tracing. Here’s what it is and how it is used by private process servers.
What Is Skip Tracing?
Skip tracing is the process of locating someone who does not want to be found or who has simply moved without a forwarding address. It is usually done through online companies and websites that the process server will filter through looking for the individual to be served. Skip tracing involves going through public records, including marriage licenses, other court cases, traffic tickets, and property deeds. Continue reading
Serving legal papers can sometimes be difficult if you are unable to locate the person needing to be served. If the person is in the hospital, you may wonder if they can still be served. There are a few rules about this. Here’s what you need to know.
The hospital staff and the private process server have to observe the rules of HIPPA. This means that in some cases the hospital staff may not be able to tell you if the individual is there or not. It also means that you may not be able to gain access to the ward that they are on in order to serve the papers. In some of these cases, papers can be delivered to the patient by the hospital staff. In other situations, service of process will have to wait until they are out of the hospital. Continue reading