Florida laws set strict deadlines for filing lawsuits. Missing these dates kills a case immediately. However, many people forget that filing the paperwork is only half the battle. You also have to notify the other party correctly.
At Accurate Serve of Orlando, we ensure this second step happens fast so your case stays on track.
The 120-Day Rule and Your Case
Most people assume that filing a complaint stops the legal clock forever. That isn’t true. Under Florida Rule of Civil Procedure 1.070(j), you have a specific window to serve the papers after filing. This period is strictly limited to 120 days. If you fail to serve the defendant within this timeframe, the court has the authority to dismiss the action.
This rule prevents cases from sitting inactive on the court’s docket. Once the clerk stamps your complaint, the countdown begins. This creates a dangerous situation for attorneys and plaintiffs. If the Statute of Limitations expires during those 120 days and the judge dismisses the case, you usually can’t refile. A dismissal “without prejudice” effectively becomes “with prejudice” because the original filing deadline has passed. Successful civil litigation relies on constant forward momentum. You can’t file the paperwork and simply wait.
The court expects you to move the case along, and that starts with proper notification. If you approach the deadline without success, you must request an extension. However, judges grant extensions only for “good cause.” You must show that you made a genuine, valid effort to serve the papers. Simple forgetfulness or hiring a slow server doesn’t count as good cause. This makes your choice of process server a critical factor in whether your lawsuit survives its first few months.
Proving Diligence When Defendants Hide
Strict deadlines create a massive problem when a defendant tries to avoid you. Some individuals hide specifically to run out the clock on the Statute of Limitations. Florida law allows for “tolling,” or pausing, the statute if a defendant conceals themselves to avoid service. However, the burden of proof falls entirely on the plaintiff. You can’t just claim they are hiding; you must prove it to the court’s satisfaction.
A judge requires solid evidence that you tried to find the individual. This is where a professional process server becomes essential to your legal strategy. We provide detailed affidavits that list every attempt, time, and location. These documents serve as your primary evidence. If personal service fails, we can perform a diligent search to demonstrate that you made every reasonable effort to locate the defendant.
This process involves checking public records, speaking with neighbors, and verifying employment. This evidence supports a motion for an extension of time or substituted service. If you can’t show the court that you worked hard to find the defendant, the judge may deny your request for more time. Without this documentation, the court often has no choice but to dismiss an expired case, leaving you with no legal recourse.
Securing Your Legal Rights
Don’t let a procedural deadline destroy your case. You need to locate defendants and deliver documents before time runs out. Accurate Serve of Orlando works quickly to ensure your papers reach the right hands. Send us a work request to start your service of process.
