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
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.
Substituted Service
Substituted service is a method of service that allows legal documents to be delivered to a third party who is authorized to accept service on behalf of the individual named in the document. In Florida, substituted service of process in another state is also governed by the laws of that state. This means that you must comply with the laws of the other state regarding substituted service. In certain situations, litigants in other states can be served by substitution by delivering the process to the Florida Secretary of State. See Chapter 48 of the Florida Rules of Civil Procedure (FRCP) for more information on these specific situations.
Service by Mail
Service by mail is a method of service that allows legal documents to be mailed to the individual named in the document. In Florida, service by mail in another state is governed by the laws of that state. This means that you must comply with the laws of the other state regarding service by mail. Some states require that the individual sign a waiver of service before documents can be served by mail, while others may allow service by mail without prior notification. Hiring a process server familiar with the laws where the process is being mailed is your best bet to make sure you’re in compliance with all relevant laws.
Long-Arm Statutes
Long-arm statutes allow courts to exercise jurisdiction over individuals located in other states. In Florida, the long-arm statute allows the court to exercise jurisdiction over individuals located outside the state if the individual has sufficient contact with the state. This means that if the individual has a connection to Florida, such as owning property or conducting business in the state, the court may be able to exercise jurisdiction over them. Chapter 48.193(2) of the FRCP outlines Florida’s long-arm statute.
Accurate Serve® is Central Florida’s Top Process Service Agency
Are you unsure about how to serve process in another state? It’s important to consult with an experienced process server who can guide you through the process and ensure that you comply with all applicable laws. If you’re in central Florida, look no further than Orlando’s top process service agency – Accurate Serve! Call us at 407-868-5992, email serve@accurateserveorlando.com, or send us a work request online to get started today!