A private process server is a registered agent of the courts, and they are responsible for a major part of the court system. Because they play such a key role, the way that process servers operate is highly regulated. There are many guidelines that the process server must follow to stay within the law and to accurately serve papers. Here are a few of those rules.
Identifying the Individual
The rules regarding identification of the individual to be served vary depending on the type of legal documents you are having delivered. In some cases, visual confirmation of identity is all that is required. In other cases the process server must see identification before leaving the papers. Good process servers know the laws and rules for serving papers for all types of cases. Continue reading
If you have a legal matter pending with the courts, you were probably told that you have to have proper service of process to the other individuals or companies in the case before your case can move forward. It is very important that you do not try to skip this step. A private process server can help you make sure that proper service of your legal documents is made to the appropriate individuals. Here’s why it is important.
Keep Things Moving Forward
The person that you have filed a lawsuit against must be given notice of the lawsuit and the court date so that they can defend themselves in the suit. If service of process isn’t made, the case cannot move forward. Your case will be continued each time you go to court and service has not been made. Eventually the court could throw out your case entirely. Continue reading
It is unfortunate, but sometimes it becomes necessary to evict a tenant, either for nonpayment of rent or another lease violation. In the state of Florida, you do not need a process server for the initial eviction notice, but there are a lot of good reasons to use one for all of your eviction needs.
A three-day notice is required for nonpayment of rent. The tenant has three days to pay the rent before you can go to the courthouse and file for an eviction. A seven-day notice is given for other lease violations, and you cannot file for eviction with the courts until the seven days have passed without action. While you can post these notices yourself, using a private process server allows you to have evidence that the three-day notice was, in fact, given. Continue reading
If you are in the midst of a court case and you are not the originator of the lawsuit, you will need to be served with papers for the case to move forward. While it might seem like a good idea to avoid service so that the case can’t move forward, there are some consequences to doing so. Here’s why you shouldn’t avoid being served.
Details of the Case
Even if you know a case is coming, you won’t know the details of it unless you are served with legal papers. It is important to know these details so that you know how you should proceed. Not being served does not necessarily mean that the case doesn’t move forward. Judges will sometimes grant alternative methods of service such as newspaper classifieds if regular service methods fail. If that happens, you may be notified of the case with far fewer details, and the case will still move forward against you. Continue reading
While there are qualifications for all Florida private process servers, registration does not necessarily mean that the process server is ethical. Some unscrupulous individuals register to be process servers and fail to do the job properly, causing delays or dismissal of legal matters. These things are often not caught right away. So just because a process server is on the list, it doesn’t mean that they are the right one to use.
It is important that your process server uses ethical means to get papers served accurately and within the limits of the law. If you are ever unsure of whether or not a process server is being ethical, here are some warning signs.
Gutter serves occur when the process server throws away the papers instead of serving them, but claims that the papers were served. If the individual can prove that the papers were not served, the process server can be in quite a bit of trouble. More importantly to you, your case could be delayed or dismissed for improper service. Continue reading