Why You Need a Professional to Serve Process
Using a professional process server in Florida isn’t just recommended… it’s the law! Only servers certified and approved by the appropriate judicial circuit may serve legal process in the state. If you use an illegitimate process server, any service provided will be invalid and your entire case could get thrown out! Make sure that you hire a reputable process server that has all of the following qualities:
Certification or Appointment
All private process servers in Florida must be certified and approved by the judicial circuit in which they intend to work or be appointed by the county sheriff. Florida has 20 judicial circuits, with most containing multiple counties. Nine counties use sheriff-appointed process servers only. Further complicating matters, 14 Florida counties have no formal process server program in place, and servers must be appointed by a judge for each individual service.
Orlando’s process servers are governed by Florida’s 9th Judicial Circuit, which covers Orange and Osceola counties. All private process servers here must be certified by a 9th circuit judge in order to legally serve process.
Regardless of how the process server is approved to serve, the requirements are similar in all counties:
- Be at least 18 years of age
- Have no mental disability
- Have no involvement in the case
- Be a permanent Florida resident
- Have a clean background and criminal history
- Possess a Certificate of Good Conduct filed with the court or sheriff’s office
- Passage of a training course and exam
- Posting a $5,000 surety bond
- Letters of recommendation
Certification or appointment in one judicial circuit or county in Florida does not transfer to other areas. Check online or contact the local sheriff’s department for your circuit or county’s official approved server list if you are unsure of a process server’s status. A list of approved process servers in the 9th judicial circuit can be found here.
Knowledge
Legitimate process servers should be very knowledgeable about laws and current trends related to process serving in their location. In Orange County, private process servers must pass an examination about process server laws before being granted certification. Red flags that you’re dealing with a process server that doesn’t know these laws include:
- They attempt to serve on Sunday
- They wear a disguise while serving process
- They lie about their identity
- They give process recipients advice about their cases
- They threaten or try to intimidate process recipients
- They engage in illegal activities while serving, such as breaking and entering
Steer clear of any private process server that doesn’t demonstrate a clear understanding of all of the rules and laws, or you risk giving the defendant in your case grounds for suppression of evidence, or even dismissal of the whole case!
Experience
There are nuances in process serving that only hands-on experience can teach. Always ask about prior experience and professional references before hiring a process server or service agency. Move on to the next option if the server can’t produce proof of experience or if their references don’t check out.
Accurate Serve® has been helping attorneys and their firms with valid process service in the state of Florida since 2009! Our local servers are certified and approved to serve process in Florida’s 9th Judicial Circuit, including Orlando, Kissimmee, and Lake Mary. Check out our reviews here and see why we’re considered one of central Florida’s most professional and highly regarded process service agencies! If you are located outside of the 9th circuit, visit theaccurateservefranchise.com to find your local office.