How to Serve Process on a Business
Serving process on a business in Florida can seem like a daunting task, but with the right approach, it can be done efficiently and effectively. Process serving is the legal procedure of delivering legal documents, such as a complaint or summons, to the person or entity being sued. The process server’s role is to ensure that the legal documents are properly served and delivered to the appropriate party. In this post, we will discuss the steps to the serving process for a business in Florida.
Gather the Documents
After you’ve filed your lawsuit with your county’s or judicial circuit’s Clerk of Court, they will provide you with a copy of your complaint and a summons to deliver to all defendants named in the suit, whether it be individuals or a business. Suing certain types of businesses, such as corporations, may require other types of forms to be filed. These are the documents you will need in the next step to provide to a process server.
Hire a Process Server
We highly recommended hiring a professional process server, like those at Accurate Serve® of Pensacola. A professional process server in Florida must be certified and demonstrate that they have the knowledge to serve the documents correctly and legally. Additionally, hiring a process server can also help to avoid potential conflicts or safety concerns that may arise during the process.
You will need to provide the process server with all the documents you would like delivered to the lawsuit defendants. This includes at a minimum the summons and complaint for the case, but could also include other documents relevant to the case. If you choose Accurate Serve to serve your lawsuit process, we’ll take everything from here and make sure your process is delivered quickly to the correct person within the business being sued.
Identify the Correct Business Entity
When serving process on a business, it’s essential to identify the correct business entity. Florida has several types of business entities, such as corporations, limited liability companies (LLCs), partnerships, and sole proprietorships. Each entity has different requirements and regulations for service of process, so it’s important to determine the type of business before attempting to serve the process.
Additionally, many businesses have very similar names. A sole proprietorship may have the exact same name as an LLC, with the addition of the LLC at the end being the only distinguishing factor. Using other information about the business being sued, such as location, is essential to identifying that the correct business is being served.
Identify the Correct Person Within the Business
Now that you know you’ve identified the correct business entity, it’s time to use the information gathered to determine who is the correct person within the business to actually deliver the documents to. For small businesses, you will most often want to serve the actual business owners. If the owners cannot be located at the business within posted business hours, an office manager or even cashier may be served in certain circumstances. For larger businesses and corporations, there is often a registered agent filed with the state that must be served for the business. If a registered agent is not filed, there are several other people within the business that may be served, depending on the business structure. Chapter 48 of the 2022 Florida Statutes discusses all the details of serving different types of businesses.
Determine the Best Method of Service
Florida’s law requires that service of process be made in a way that is reasonably calculated to give notice to the party being served. There are several methods of service available, including personal service, substitute service, and service by publication. The best method of service will depend on the circumstances of the case.
Serve the Business
Once the appropriate forms have been gathered, a process server has been hired, the business has been researched, and the best method of service has been determined, the process server can serve the business. The process server must ensure that the documents are properly delivered to the correct person or agent of the business.
File Proof of Service
After the documents have been served, the process server must file proof of service with the court. The proof of service provides evidence that the legal documents were properly served and delivered to the appropriate party.
The Best Process Service Agency in the Florida Panhandle
Serving process on a business in Florida requires careful planning, attention to detail, and knowledge of the legal process. Hiring a professional process server can help to ensure that the process is completed legally and without incident. If you need process served on a business in Pensacola, Panama City, Fort Walton Beach, Milton, or even Mobile, AL, look no further than the professional team at Accurate Serve. We have been serving Florida since 2009, so we know exactly how to serve any type of business in the Sunshine State. Call us at 850-264-2917, email brennan@accurateservepensacola.com, or send us a work request online to get started today.