Can a Process Server Serve Someone Other Than the Named Recipient?
Process servers are an important part of our legal system, delivering court documents to the appropriate person so that legal proceedings can move forward. In Florida, process servers are limited in who they can serve process on – the person or persons named in the paperwork must be served, no one else without prior approval. There are very specific procedures that must be followed in order to serve process on someone other than the named recipient and these procedures must be approved by a judge. If you are seeking to have process served on someone other than the named recipient, you will need to follow the proper procedures for service by substitution. This process can be complicated and it is important to have an experienced process server handle it for you.
Florida Process Server Laws
In the 2021 Florida Statutes, Title VI, Chapter 48.031, Section 1(a), states:
“Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents. Minors who are or have been married shall be served as provided in this section.”
In layman’s terms, this means that court case paperwork must be hand-delivered to the person named in the paperwork (assuming that person is an adult). While this statute also says that the process may be left with anyone at the residence 15 years old or older, this is only acceptable after several attempts to locate the person named have been unsuccessful, and after approval for substitute service by a local judge.
Substituted Service of Process
If several attempts have been made to locate the named recipient of court process, on different days and in varying locations, the process server may then request to serve the named recipient via substituted service of process. This is also known as service by substitution. In service by substitution, the process server can request permission from a judge to give the court paperwork to someone other than the person named in the paperwork. The person to receive this service by substitution is usually another adult that resides in the same home as the person named in the paperwork. This can be a wife, child, or simply a roommate. Florida law states that this person must be age 15 or older and be informed of the contents of the court process.
Service by Substitution in Orlando
If you are handling a lawsuit in the Orlando area and are having a hard time locating the named defendant or witnesses, Accurate Serve® of Orlando can help. We are skilled at locating even the most elusive of case litigants, but when those efforts are unsuccessful, we can also request service by substitution. For help with your case today, contact us at (407) 868-5992 or send us your service requests online.