A Guide to Ensuring Proper Service of Process
At Accurate Serve® of Pensacola, we understand the importance of ensuring proper service of process. Service of process is the procedure by which a party to a lawsuit delivers legal papers to another party to provide notice that a lawsuit has been filed. The goal of the service of process is to ensure that the recipient of the legal papers has sufficient notice of the lawsuit and can respond appropriately. In Florida, there are specific rules and procedures that must be followed to ensure proper service of process. This guide provides an overview of the rules and procedures for the service of process in Florida.
Who can serve process in Florida?
In Florida, the process can be served by a sheriff or certified process server. In a few Florida counties, a judge must appoint someone to serve the process in each case that the court hears. If a process server doesn’t meet the state requirements, any process they serve is invalid.
When must process be served?
In Florida, the process must be served within 120 days after the complaint is filed. If the process is not served within this time frame, the court may dismiss the case. However, some types of cases have shorter time frames for the service of process.
Where can process be served?
In Florida, most process can be served at the recipient’s residence, place of business, or any other place where the recipient can be found. However, if the process is being served on a business (domestic or foreign) or government agency, service in a specific location may be required.
How must process be served?
In Florida, the process must be served in accordance with Chapter 48 of the Florida Rules of Civil Procedure. Generally, the process must be served by handing the legal papers to the recipient in person. With a judge’s prior approval, the process server may leave the legal papers with a person of suitable age and discretion at the recipient’s home or business, or mailing the legal papers to the recipient. In very rare cases, the process may be served electronically, but only with a judge’s prior approval.
What must be included in the proof of service?
In Florida, the person who serves process must file a proof of service with the court. The proof of service must include the name of the person served, the date and time of service, and the manner in which the process was served. It is important to ensure that the proof of service is filed with the court in a timely manner. If a defendant challenges the fact that they were served properly, the return of service will provide evidence that the service was indeed valid.
The Best Process Servers in the Florida Panhandle
Ensuring proper service of process is crucial to the success of a lawsuit in Florida. At Accurate Serve of Pensacola, we always follow the rules and procedures for the service of process in Florida. By following the rules, you can help ensure that your legal papers are properly served and that your case proceeds as smoothly as possible. If you need process served in Pensacola, Panama City, Fort Walton Beach, Milton, or even Mobile, AL, call us at 850-264-2917 or send us a work request online.