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
Process servers use a variety of technology to help them locate people who need to be served. As new technology becomes available or more widely used, process servers consider how they might use that technology to help them with their duties. Social media, while not new, has been increasing in popularity over the last decade. Now, process servers and courts are using social media in new ways.
Social media can give you a lot of options on finding people to be served. The most commonly used social media platform is Facebook. On a Facebook profile, you can discover someone’s home city and state, their employer and employer’s location, and clubs or organizations that they participate in. All of this information gives the process server multiple options for finding the individual to be served. Continue reading
Most people do not know much about service of process, process servers, or how court cases actually work. You might have seen the process play out on television or in the movies, but you probably know little about the process in the real world. Most people are the same. Here are the three most common questions about service of process and process servers.
What Is Service of Process?
Service of process is part of the due process rights that every citizen of the United States has. When you file a legal action against someone, you have to notify them so that they can respond accordingly. This notification has to be done in a certain way, and it has to be verified by the courts. There are many rules and regulations about service of process and how it can be done. The sheriff’s department serves papers as part of their duties, but it may be beneficial to hire a private process server for a number of reasons. Continue reading