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
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