What Happens if a Process Server Can’t Serve Someone?

Published November 15, 2022 | By Accurate Serve

Finding a defendant or witness who needs to be served with the court process usually isn’t too difficult, but occasionally, finding that someone is quite hard. This is a big problem since the clock starts ticking as soon as a civil case is filed in Florida. The plaintiff (and by association, the process server) has a certain number of days to serve the defendant or prove to the court that they have a good reason for not doing so. So the process server needs to find the defendant or witness ASAP to beat the deadline.

120 Days is the Limit to Serve Process

If a case’s process is not served within 120 days from the date the case was filed by the plaintiff, a motion to dismiss the case entirely can be filed. If approved, the case is dismissed and must be completely refiled from the beginning. However, if the plaintiff can convince a judge that they have a good reason for not meeting the 120-day deadline, then the judge might approve an extension.

Substitute Service

If the process server has tried to locate the defendant or witness several times to no avail, they have a few options for other people who may be served in their stead. A judge must approve the service of a substitute before service is attempted:

Another person residing in the same home who is 15 or older (the person must be informed of the contents of the paperwork)
The defendant’s spouse (assuming that the process is not related to any case between the two)
Another person approved by a judge

A copy of the process documents must also be mailed to the defendant or witness’ last known address for the service to be considered complete.

Service by Publication

Some cases and defendants can be alternatively served by publishing a notice of the process in a local newspaper for a certain amount of time. A judge must first approve this type of service.

Have a Hard-to-Find Defendant or Witness in Tally?

Trust Accurate Serve to help you find even the most elusive individuals. Our team has the tools and resources required to find almost anyone, anywhere. Call us at (850) 519-5494 or send us a work request online to get started today.