What Does Insufficient Service of Process Mean?
In Florida, a valid service of process is essential for court cases to move forward. However, in some cases, more than the service of process is needed to meet legal guidelines. In this post, we’ll explain what service of process is, why it’s important, and what happens when it’s insufficient in Florida.
What is the Service of Process?
Service of process is the delivery of legal documents to their intended recipient(s), whether that be an individual or a business. The legal documents, known collectively as process, can be anything from summonses, complaints, eviction notices, family law orders, subrogation, HOA orders, witness subpoenas, and more. The people who serve process, known as process servers, can use several different methods to find the intended process recipient(s), including direct service, substituted service, and service by publication.
Why is Service of Process Important?
Service of process is an essential part of due process, which is a right guaranteed by the U.S. Constitution. Service of process ensures that all defendants, witnesses, and other parties are aware of legal proceedings where they are required to attend, testify, or produce evidence. Without service of process, court schedules would become extremely backed up or cases would be heard without all parties even knowing what was going on. Imagine being sued in civil court for $100,000 and the case being heard without anyone ever notifying you that there was a case at all. Since you didn’t show up to the hearing you didn’t know about, the judge issues a default judgment for the petitioner and now you owe them $100K. All the while, you’re sitting at home, blissfully unaware and never given the opportunity to defend yourself. That’s why service of process is important.
What is Insufficient Service of Process?
When process is not served properly, whether it be because it was not delivered before the set deadline or because there was some sort of issue with the service that caused it to be invalid, it is considered insufficient. Insufficient service of process can be devastating for a court case, as it gives the defendant grounds to file a motion for dismissal. If granted, the entire case will need to be refiled from the beginning. (Note that insufficient service of process does not include the process itself being incomplete. That is called insufficient process, which can also have dire consequences for a court case.)
Don’t Let Insufficient Service of Process Plague Your Case
With the right process server, you’ll never have to worry about insufficient service of process derailing your case. That’s why you should only work with Florida’s top process service agency – Accurate Serve. With offices in Orlando, Kissimmee, and Lake Mary, we’ve got you covered all over central Florida. Send us a work request online or call us at the office nearest to you:
Orlando – (407) 868-5992
Kissimmee – (407) 961-7874
Lake Mary – (407) 327-8233
For service outside of central Florida, visit theaccurateservefranchise.com to find your local office.