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.
If you hire a private process server, and they do not serve the process in your case within the required deadline, the defendant may be able to request that the entire case be dismissed. However, if the plaintiff requests it, an extension on the service deadline may be granted and a new court summons issued.
Avoiding the Process Server is Not a Good Tactic
Many times the process server cannot serve the process within the designated deadline because the defendant(s) (or in some cases, even the witnesses) are actively avoiding being served. While avoiding the process server may seem like a great way to avoid having to go to court, it won’t work. After the process server has attempted to serve the defendant(s) in person several times, they can actually ask a judge if they can serve someone else in their stead, or even publish a notice in the local newspaper that they are searching for the defendant(s). If a judge approves, then the process server can complete the requirements for these alternative service types, and the defendant(s) is considered served, so the case can proceed as scheduled.
Orlando’s Best Process Service Agency
If you have a court process that needs to be served, trust the team at Accurate Serve of Orlando to get the job done quickly, efficiently, and in compliance with all of Florida’s laws. We have the knowledge and network required to serve process to even the most elusive defendants, all while upholding the highest ethical standards in the industry. Give us a call at 407-868-5992 or send us a work request online to get started today.