Why Avoiding a Process Server is a Huge Mistake
Avoiding a process server may seem like a good idea at first, especially if you are facing legal troubles. However, in reality, it is a huge mistake that can result in severe consequences. At Accurate Serve of Sarasota and Bradenton, we have seen many defendants make this mistake, only to face even more significant problems down the road. In this blog post, we will discuss the reasons why avoiding a process server is a huge mistake.
Reason #1: It Can Result in Default Judgment
If you avoid a process server, the court can still proceed with your case without your knowledge or consent. This means that a judgment can be made against you without you even knowing it. This is known as a default judgment. A default judgment can result in wage garnishment, property liens, or even bank account seizures. Continue reading
What Qualifications Does A Registered Process Server Need?
If you know anything about process servers in Florida, you know that they all must be certified by the judicial circuit or local Sheriff governing the county where they plan to work. Here in Sarasota, process servers are certified by Florida’s 12th Judicial Circuit, which covers Desoto, Manatee, and Sarasota counties. But what exactly does a person need to do to be certified as a process server in the 12th circuit? In this post, we’ll go over the exact requirements to work as a process server in Sarasota, Bradenton, and surrounding areas.
Process Server Requirements
According to Florida’s 2022 Statutes, Chapter 48, and an Administrative Order issued by the 12th Judicial Circuit, process servers must: Continue reading
Why You Should Use a Process Server for Evictions
No doubt about it, evictions are messy. No one wants to get kicked out of their home or place of business, but neither does anyone really ever want to kick someone out. However, it is sometimes necessary. Failure to pay rent is a common reason, but engaging in criminal activity, housing unauthorized tenants, and other reasons can also cause a tenant to be evicted.
Evictions are also difficult for landlords because they must occur in a specific order to be lawful. Not adhering to this chain of events can lead to devastating financial consequences for the landlord. This is why we never recommend that landlords handle delivering their own eviction notices…trust this vital part of the eviction process to a reputable process server instead.
Private process servers offer the following benefits for eviction proceedings: Continue reading
Tools Process Servers Utilize To Locate a Hard to Find People
Most process recipients are fairly easy to find, but every once in a while, one will give us a run for our money. When someone is obviously avoiding being found, we have a few tools we can use to help us in the search:
There are tons of information available publicly, including property records, tax records, vehicle records, employment history, and more. We search multiple public sources for additional addresses and known associates we can contact during our search. Continue reading
How Long Does a Process Server Have to Serve Papers?
Now that you’ve filed your civil case with the appropriate Florida court, it’s time to serve the summons, complaint, and any other case documents on the case defendant(s). If you are calling witnesses in the case, you’ll also need to serve them with subpoenas. While defendants and witnesses are easy to find most of the time, it isn’t unheard of to need to serve someone who actively avoids being found. Those cases could drag on indefinitely if there were no deadlines for serving the process. However, here in Florida, the process must be served within a certain time limit.
In the state of Florida, the process in all cases must be served within 120 days of the initial filing.
What happens if the process is not served in time?
If the process for your case is not served within 120 days of the initial filing, a motion to dismiss without prejudice can be filed. The case may be refiled as long as the statute of limitations has not run out. If the statute of limitation has expired, there will likely be legal consequences for whoever didn’t ensure the process was promptly served. Continue reading
How Process Servers Find an Evasive Person
Process recipients aren’t usually too hard to find, but occasionally we’ll get one that just disappears like a ghost. To find recipients like this, we really have to dig in our heels and use all the tools in our belts. Some techniques we use to find extra difficult process recipients are outlined below:
If the regular tactics for locating process recipients don’t work, then we’ll escalate up to a skip trace. A skip trace provides many details about a person’s background and can be a great jumping-off point to finding someone evasive. Some of the information discovered in a skip trace includes contact information, criminal reports, known associates, real estate holdings, asset holdings, and more. Continue reading
What Qualities Do You Want in Your Process Server
Are you trying to hire a process server in the Sarasota area? Most civil court matters in Florida require a certified process server by state law. Using an illegitimate process server can have big consequences for your cases. When looking for a process server to hire, be sure to check on the following qualities to avoid issues in the future:
All process servers in Sarasota, DeSoto, and Manatee counties must be certified by Florida’s 12th Judicial Circuit. To be certified, process servers must: Continue reading
Do Process Servers Wear Disguises?
What People Think About Process Servers
When people think of process servers, the first thing that comes to mind is someone peeking around corners in full costume in an effort to surprise the recipient. When the recipient is “served,” they become violently enraged and the disguise-clad process server runs off, ready for the next performance.
The Truth About Process Servers
However, this is far from the truth. While wearing disguises might make for interesting stories, it is unethical and frowned upon by experienced process servers in real life. In some areas, it’s outright prohibited! Continue reading
How Many Attempts Will A Process Server Make?
When you need legal papers served on someone, it’s important that the service go as smoothly as possible. There are several factors to consider when it comes to how quickly the service goes and how many attempts the process server must make.
In this blog post, we’ll look at some of those factors that determine how many service attempts will be made:
When is the Court Date?
The clock starts ticking as soon as a process server is assigned to a case. To be valid, service must be completed at least two weeks before the scheduled court appearance. If there isn’t enough time, the process server won’t be able to make as many service attempts before looking for an alternative. Continue reading
Common Questions Frequently Asked About Process Serving
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. Continue reading