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
Regardless of how well you follow the law and regulations about court cases and service of process, the situation may occasionally arise when someone claims that they did not get due process. When someone contests service, it can hold up your court case or action on your judgement. Here’s what you need to know about what happens when someone contests service of process.
When They Can Contest Service
A defendant or respondent to a court case can contest service at any point in the proceedings or even after a judgement has been made. They can contest service at any time before action is taken on the judgement, such as money changing hands. Service may even be contested at the last minute after a wage garnishment has been enacted. Whenever service is contested, it puts a kink in the works that keeps your case or judgement from moving forward and getting the resolution you are looking for. Continue reading
Private process servers face many challenges in the course of their duties. Before hiring a process server, it is important to know the challenges that they face. This will help you understand why they charge what they do and why it might take longer than anticipated to get your papers delivered.
Sometimes the party that needs to be served is missing in action. They may have moved, changed employers, or even left the state. They might just be on vacation, or they might be actively trying to avoid being served. Whatever the case, sometimes it takes quite a bit of legwork to determine where and when an individual can be served. Process servers have a lot of tools at their disposal to help them find parties to be served, but it can take time. Continue reading
Most people who find themselves going to court are not aware of the rules and laws about process service. As such, it can be difficult to know the best way to get your papers served. While you can choose to have the sheriff serve the papers, this is not always the most timely way to have it done. You can also hire a private process server, but some companies are actually paper brokers. These companies are not easily identified by the layperson, so it is important to know what to look for.
What is a Paper Broker?
A paper broker is a company that takes on papers to be served, then farms them out to independent contractors. Because the person actually serving your papers is not an employee of the company, there is very little oversight. Independent contractors may not be fully trained and educated in the law. They may also engage in gutter serves (throwing papers away and saying they were delivered), and other illegal activity. Continue reading