Why You Should Use a Process Server Instead of a Local Sheriff
If you need to serve legal documents to someone, such as a summons, a complaint, or a subpoena, you have a choice: you can use a private process server or a local sheriff. While the sheriff may seem like the easier choice, using a process server is often the better option. Here are a few reasons why.
A process server in Florida is a certified professional whose sole job is to serve legal documents. They have experience and expertise in the legal process, and they know how to serve documents properly. They are familiar with Florida’s rules and regulations and know how to navigate the local legal system. Since Florida is one of the few states that regulate their process service industry, using a process server that is familiar with Florida’s complex laws is essential. A local sheriff, on the other hand, is a law enforcement officer whose primary responsibility is to maintain public safety. While they can serve legal documents, it is often not their area of expertise. Using a process server ensures that your documents will be served properly and legally without tying up valuable law enforcement resources. Continue reading
How to Serve Process Out of State
Serving process in another state can be a complicated process, especially if you are not familiar with the laws in the state where the service is being made. Florida, like all states, has specific laws regarding the service of process in other states. Here’s a quick guide to Florida’s laws about the serving process in other states.
Personal service is the act of delivering legal documents directly to the individual named in the document. In Florida, personal service of process in another state is governed by the laws of the state where the service is being made. If the individual to be served is located in another state, you must comply with the laws of that state regarding the service of process. This means that you must be familiar with the laws of the other state or hire a process server who is authorized to work in that state. Continue reading
Frequently Asked Questions About Process Servers
As a process service company based in Orlando, Florida, we are often asked about the process of serving legal documents. Serving legal documents is a crucial step in the legal process and requires a high level of expertise and attention to detail. In this post, we will answer some of the most frequently asked questions about process servers and the process of serving legal documents.
What is a Process Server?
A process server is an individual that specializes in serving legal documents. They are responsible for delivering legal documents to individuals or entities that are parties to a legal action. Continue reading
Does a Process Server Need to be Licensed?
If you need to hire a process server to deliver court process or other important documents, you’ll obviously want to hire someone reputable and reliable. But how can you know which process servers are qualified?
Florida Requires Process Server Certification or Appointment
The state of Florida has enacted laws governing the process server industry which require that all private process servers meet minimum standards, be certified by the judicial circuit where they intend to work or be appointed to serve process in a case by the local Sheriff or a judge. The certification process is similar in all areas of Florida, including here in Orange County. In Orange County, which is governed by the 9th Judicial Circuit, process server applicants must: Continue reading
Will a Lawsuit Be Stalled if a Process Server Fails to Serve Papers?
No one wants to be sued, so when a process server comes knocking on your door, you may be tempted not to answer. If you never get served with the summons, then the case can’t proceed, right?
Wrong. While yes, the failure to serve process can stall the progression of a lawsuit, it does not mean that the case will be dismissed or forgotten. In this post, we’ll go over what exactly happens when the process is not served in a case here in Florida.
Failure to Serve Process Can Cause Big Delays or Even Dismissal of Your Case
Once a civil lawsuit is filed and a summons is issued by the Clerk of Court, the next step is serving the named defendant(s) and any witness(es) with the summons, complaint, and any other court documents related to the case. These documents are collectively known as process. Floridians have two options when it comes to serving process in civil lawsuits – law enforcement or a private process server. No matter which option you go with, the process must be served within a certain number of days from the date the summons was issued. That exact number of days varies depending on the type of civil case and location in Florida. Continue reading
Reasons to Use Process Servers to Serve a Legal Eviction Notice
No landlord ever wants to evict a tenant, but unfortunately, it’s part of the job. If you rent out the property for long enough, you will eventually have to serve an eviction notice on a tenant. While you can legally serve a tenant with an eviction notice under Florida law, we do not recommend it. There are many issues that may arise if you try to handle serving paperwork to the tenant yourself, including:
Evictions are emotional situations, even if the tenant knows they are in the wrong. If you show up to serve them with an eviction notice yourself, you’re inviting an argument with the tenant. They may try to argue their case or just make you feel bad, but either way, it’s a situation you can avoid by using a professional process server instead. Continue reading
How Do Process Servers Serve a Business?
Most people only think about process servers serving documents to individuals, but businesses are often the recipients of these documents. Businesses are sued frequently for a variety of civil issues, from injuries that occur on their property to financial disagreements with vendors or customers. In Florida, process servers must follow a special set of rules in order to legally serve process on a business. Specifically, they must follow the 2022 Florida Statutes, Title IV, Chapter 48.
Who May Serve Process
Regardless of whether the process recipient is an individual or a business, the requirements regarding who may serve process remain the same, as outlined in Section 48.021 of the 2022 Florida Statutes. Continue reading
How to Spot Fake or Fraudulent Process Servers
Using a reputable process server to deliver your case process is important. Here in Florida, process servers must meet certain requirements in order for their work to be valid. Improper service of process can cause delays, extra expenses, and possibly even case dismissal. When you’re searching for a process server to handle your case, be sure to go over each item on our list below, so you can weed out the phonies.
Are they certified?
The state of Florida requires that all process servers be certified and approved by the judicial circuit that governs the area where they plan to work. Orange County, which includes Orlando, is governed by Florida’s 9th Judicial Circuit. Osceola County is also included in the 9th circuit. Anyone attempting to serve process in these counties that are not listed on the 9th judicial circuit’s approved process server list is acting fraudulently. Continue reading
Paperwork You Should Complete to File a Lawsuit in Orange County, Florida
Does someone in Orange County, Florida owe you money or damages? Then you’ll want to consider filing a civil lawsuit to have a judge determine if the accused is legally responsible. In this post, we’ll discuss how to file a civil lawsuit in Orange County, which includes the city of Orlando.
Where to File Your Lawsuit
In Florida, any individual, partnership, or corporation may file a civil suit against any other person, business, or even government entity. To do so, the person filing the suit, referred to as the plaintiff, must first determine which is the appropriate court to file the suit. This determination is solely based on the dollar amount of the claim, as shown below:
What Time Can a Process Server Serve Papers
In Florida, process servers have a lot of discretion in terms of when they are allowed to serve process recipients. However, if you’re a new process server, you might be confused about best practices. We’ll go through the service times permitted for people and companies in this article, as well as an important restriction.
Serving an Individual
At Their Residence
There are no definite laws about when a process server can serve a person in their home, but common sense dictates that service should not be attempted before 6 a.m. or after 9 p.m. at a private residence. The time chosen should correspond to that person’s known schedule and when they would be most expected to be at home and awake. Serving someone when you are certain they are asleep has some ethical implications. Continue reading