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:
Skip Trace
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:
Proper Certification
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
Why Are Process Servers Important?
When you think of a process server, you probably visualize someone sneaking around in a disguise trying to catch an unsuspecting target unawares, then proclaiming “You’ve been served!” as they hurl a pile of documents their way. While movies may portray process servers like this, it couldn’t be further from the truth.
What do process servers do?
Process servers are an integral part of the U.S. legal system. Without process servers, the flow of court cases would come to a standstill as people constantly failed to appear, most likely due to not knowing they needed to be there. Continue reading
April Newsletter 2022
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Qualities to Look for in a Process Server
Hiring a certified process server to serve process on most civil court matters is required by Florida state law. Not using a credible process server can have serious consequences for your legal matters. When searching for a process server to hire, always be sure to check on the following items to avoid any problems down the road:
Certification
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
February Newsletter 2022
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