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
There are some situations in which you may have a court case involving a company or individual from a foreign country. Even though the court process is much the same, there are some obstacles to such a case. One of those obstacles is getting process service accomplished in another country. There are two multilateral treaties that affect process service in foreign countries. One of these is the Hague Convention, and it allows for process service by mail. There are some exceptions, and some information you need to know before using this service method.
What is Process Service by Mail?
Process service by mail requires that the court papers be sent to the individual or company in the foreign country by registered certified mail, return receipt requested. This gives you proof that the papers were delivered by the mail. Once you receive the return receipt, you have evidence for the court that the papers were served and the other party has been notified of the case. Continue reading
If you have ever had a court case requiring service, you may find yourself wondering how a process server gets the job done. Lawsuits, evictions, divorces, child custody cases, and other types of court cases require that the responding party be served with notice of the proceedings. It is helpful to understand how a process server does their job when looking for a private process server for your case.
Finding the Individual
When you hire a private process server, they will ask you about the individual to be served. Any information you can provide to the process server, such as place of residence or employment, can be helpful. If you know exactly when and where the individual can be found, this can make service very fast. However, you may not always know when and where someone can be found.
The first job of a process server in that case is to find the individual. A good process server has many tools at their disposal to track down people that need to be served. They may use a skip trace, online tools, or social media to find the individual. Continue reading
If you are a landlord with only one or two properties and are new to the process, going through an eviction can be confusing. Every eviction starts with a notice of eviction to the tenant. If they do not comply, you have to follow up with filing with the courts and serving them with eviction papers. Here are the things you need to know to make sure you are operating within the law.
There are two types of eviction notices that you can submit in Florida. You can submit a 3-day eviction notice for failure to pay rent. You can also serve a 7-day eviction notice for failure to comply with the terms of the lease, such as having unauthorized persons or pets on premises. This initial eviction notice does not have to be filed with the courts, but it does need to be presented to the tenant.
You can serve the eviction notice to the tenant directly, leave it with another adult on the premises, or affix it to the door. The method of service must be noted. While you do not necessarily need a private process server for this initial eviction notice, it is a good idea to hire one. If the tenant tries to say later that they never received the notice, it is important to have a third-party certification that it was served.
If the tenant doesn’t comply with the eviction notice, you then have to file a complaint with the courts to try to get them removed from the property. These filed eviction papers also have to be served to the tenant. These papers must be served directly to the individual on the lease. A private process server in Sarasota can handle the service for you effectively. Proper service is required so the tenant has a chance to submit an answer for a court hearing.
If you are a landlord and need help with the eviction process, a professional and experienced process server in Sarasota can help. Contact us today for more information.
As a landlord or property manager, you know that tenants don’t always live up to the terms of their lease agreements. Some fail to pay rent on time while others ignore pet or noise policies and hope they won’t get caught. Since you want to maintain tenants that are reliable and trustworthy, you have the power and ability to evict tenants who have broken their lease agreements and have not resolved the problem after a warning period.
Florida’s Three Day Rule
Laws vary by state, but Florida’s law is clear: landlords can utilize a three day notice method that provides tenants with three days to resolve the problem or move out. This is a legal and valid action that most landlords utilize to approach nonpayment of rent. If a tenant has not made a payment for past due rent, a landlord can have a three day notice delivered using the following wording: Continue reading