If you are a landlord who only has one or a few properties, you may not be familiar with the process of eviction in Florida. Evictions in Florida must follow a certain process, starting with notice given to the tenants. Here are three things you should know about serving eviction papers in Florida.
Initial Notice Isn’t Filed
The initial eviction notice that you give to a tenant doesn’t have to be filed with the courts or served by a private process server. The initial eviction notice will be for three days or seven days. The three-day notice is for nonpayment of rent, and the seven-day notice is for other violations of the lease. Both of these notices can be hand delivered to the tenant or posted on their door. Continue reading
Are you looking for an attorney to help you with a legal matter? There are a lot of things to consider when choosing an attorney, but one of the things that people do not think about is process service. Process service is an important part of your case, and it is vital that your attorney uses a reputable private process server. Here are some things you should talk to your attorney about before making a decision to work with them.
Who Will Serve Papers?
You should ask any attorney you are considering hiring who they use for process service and who will serve the papers. If they are using a local private process service company that hires multiple servers, you should make sure that all of their process servers are registered with the courts and knowledgeable in proper and quality process service. If your attorney relies on the sheriff’s department to serve their papers, it could cause delays in your case. Continue reading
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