A private process server has a job that is sometimes difficult. There are several situations in which a private process server might come up against an obstacle that would stop the average person. Instead, process servers navigate these obstacles with ease most of the time, depending on the situation. Here are some common obstacles and how they are addressed.
If someone has “no trespassing” signs on their property, a civilian cannot legally go on their property. Although they are performing a service for the courts, private process servers are still civilians. This means that they cannot go onto these properties. There are other ways to serve the papers, however. They might be able to serve the papers at their place of employment or another scheduled activity. Continue reading
If you are debating between a private process server and the sheriff, one of your concerns may be the vetting of private process servers. After all, you want to know that the process server you use is going to give you accurate and timely serving of your papers in a professional and courteous way. You may be surprised to know that private process servers in Florida are held to a very high standard, eliminating your concerns.
No Criminal Background
Private process servers in Florida cannot have a “legal disability,” which means that they cannot have a criminal background that might prevent them from doing their duty as a private process server. This generally means that private process servers cannot have any felonies or violent crimes in their background. They must also be trustworthy and show that they will follow all of the laws and regulations related to service of process. Continue reading
When you file a case against an individual or company in court, you are required to notify the other party of the court documents that you filed. This service of process is necessary for your case to successfully move forward. But what happens when you hire a process server and your respondent claims improper service? It can hold up your case or stop you from receiving your judgement. Here’s what you need to know about the process server’s role.
Contests of Service
There are several different ways that someone can claim improper service. They may be able to prove that they no longer live at the address where they were supposedly served. They may be able to prove that they were out of town when they were supposed to have been served, or they may simply claim that they never received the papers and leave the burden of proof on you, the petitioner or plaintiff. Continue reading
Any professional process server who is successful in their business will be able to successfully serve papers in a timely manner, without any help from you at all. However, you can speed up the time it takes to serve your papers and generally make the process server’s job easier by following just these three tips.
Provide as Much Information as Possible
Provide as much information as possible about where and when the individual to be served can be found. Providing known addresses, friends and relatives, as well as employers, can greatly assist your process server in getting papers served quickly. Giving them the individual’s schedule, as well as where they might be at regular intervals, can also be helpful. For example, you may not know their current address or employer, but know that they are at a particular bowling alley at the same time every week. Continue reading
When you sue a company, an individual must still receive service of the papers. How that individual is related to the company and their role makes a difference in how and where papers can be served. It is important to understand the issues with serving a company in care of an agent, and what information you need to provide to your process server in order for service to be accurate.
Is There a Registered Agent?
A registered agent of a company is an individual who is on record as being a point of contact for legal matters, such as service of process. If there is a registered agent, there are some guidelines that the process server must follow when serving the papers. It is important to find out of the company has one or more registered agents, who they are, and where and when they can be located. Giving this information to your process server will help them execute service correctly and quickly. Continue reading