Common Questions Frequently Asked About Process Serving

Published May 15, 2022 | By accurateserve

What is Service of Process?

Service of process is the act of officially delivering court-related documents, known as process, to relevant parties. Defendants are typically served with a summons and complaint, while witnesses and experts will receive a subpoena.

What is a Process Server?

A process server is an expert trained to deliver legal processes to its intended recipient. In Florida, private process servers must be certified by the court system for their work to be valid. Process servers typically receive assignments from legal firms and plaintiffs. They then deliver the assigned process and attest under penalty of perjury that it was delivered to the correct person.

What Types of Documents Do Process Servers Deliver?

Summons, complaints, and subpoenas are the most commonly served process. Motions, orders, and writs are other types of processes that can be served. Private process servers serve processes for all case types, including:

Divorce
Child custody
Civil lawsuits
Evictions
Foreclosures

Can Process Be Served By Mail?

Service by mail will only be approved in Florida after a diligent effort has been made to serve the process in person. A judge must approve the request before service by mail is attempted.

Are Process Servers Required in Sarasota?

Yes, you must use either the Sheriff’s office or a private certified process server to legally serve process in Sarasota. Potential process servers must apply for certification with Florida’s 12th Judicial Circuit to be added to the approved process server list.

Who Can Be a Process Server?

The state of Florida and the 12th Judicial Circuit set the eligibility rules for who can be a process server in Florida as follows:

Be 18 years or older
Have no mental disability
Be a Florida resident
Have a clean background and criminal history
Possess a Certificate of Good Conduct filed with the court or sheriff’s office
Passage of a training course and exam
Post a surety bond

Must Process Servers Be Certified?

Yes, private process servers in Florida must be certified by the judicial circuit that corresponds to the location where they intend to work, the local sheriff’s department, or by a judge on a case-by-case basis. The method of certification depends on the laws in each county.

How Can I Become a Process Server?

If you meet the eligibility requirements above, you can apply to become a Certified Process Server in Florida’s 12th Judicial Circuit, which includes Sarasota and Bradenton. If you do not intend to work in Sarasota, Manatee, or DeSoto counties, you’ll need to investigate how to become a process server in the county where you do intend to work. Each county has different rules.

What Can a Process Server Do To Locate Someone?

Process servers can use various means to locate their intended recipient. They may:

Go to the recipient’s residence.
Go to the recipient’s workplace.
Go to the recipient’s school.
Call the recipient.
Go to any place they believe the recipient may be found.
Use online resources such as social media.
After court approval, give the process to a third party, or publish it in the local newspaper.

What Can’t a Process Server Do While Working?

Process servers in Florida may NOT:

Serve process in any case in which they are personally invested.
Serve process outside of the district where they are certified.
Touch the recipient’s mailbox or mail slot.
Lie about who they are.
Use drugs or alcohol while serving process.
Make threats.
Use offensive or vulgar language.
Physically contact the recipient.
Accept tips or bribes.

As you can see, Certified Process Servers in Sarasota are held to a high standard of conduct. For the most professional Certified Process Servers in Florida, trust the experts at Accurate Serve®. Our process servers have the knowledge and resources necessary to serve process in your case quickly and discreetly. We monitor our servers for compliance with all relevant laws, so you’ll never have to worry about improper service affecting your case. We also focus on serving process within the set timeline, giving you even more peace of mind. Visit www.accurateservesarasota.com or call (941) 586-7897 to speak with someone on our team today!