Computation of Time and an FYI

This month we are going to touch on computation of time. As you can see below, we have referenced Rule 1.090 of Civil Procedure.

Florida Rules of Civil Procedure
RULE 1.090 TIME

(a) Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

The first thing I want to go over in these regards is the trigger date. The day of service is NOT included in the computation. Day 1 is the following day, unless the next day is a weekend or legal holiday. So, if we are serving a Summons that requires a response w/in 20 days and that Summons is served on a Friday, the clock starts the following Monday (unless that Monday is a legal holiday).

Second thing we would like to discuss is the last day of the clock, the expiration date. The last day can not fall on a weekend or legal holiday. So, let’s say we are serving an Eviction Summons that has a 5 day response time. If that Eviction was served on a Monday, the 5th day is a Saturday, so you skip that day, and Sunday, and the 5th day is actually Monday (so the 5 days is really 7).

Finally, what happens with computation of time when you have a week or less?  Well, you can’t count the weekends or legal holidays in the count.  A lot of times we see this come in to play is when serving a designated employee on behalf of a law enforcement officer. See below FL Statutes 48.031(4)(a). As you can see in part 3, it says 5 days but with computation of time, it’s actually 7 days.  So, if serving a criminal witness subpoena on a LEO, you want those served a full 7 days before the court date so we can serve the designated employee with no issue.

(4)(a) Service of a criminal witness subpoena upon a law enforcement officer or upon any federal, state, or municipal employee called to testify in an official capacity in a criminal case may be made as provided in subsection (1) or by delivery to a designated supervisory or administrative employee at the witness’s place of employment if the agency head or highest ranking official at the witness’s place of employment has designated such employee to accept such service. However, no such designated employee is required to accept service:

1. For a witness who is no longer employed by the agency at that place of employment;
2. If the witness is not scheduled to work prior to the date the witness is required to appear; or
3. If the appearance date is less than 5 days from the date of service.

Warmest regards,
Beau Charlet

November is here and the holiday spirit is in the air. Soon we will be full of turkey and either getting prepared for a crazy day of Black Friday shopping or putting up the Christmas decorations. Along with
the holidays comes daylight saving time and the return of our wonderful snowbirds here in Florida – especially in SWFL.

As much as we all love enjoying the long days of summer, the change in time does have some positives for the process serving industry. The latest sunset in Fort Myers for the month of November is 5:37 PM. Meaning when many individuals are just getting home from work, they will already need to flick on the lights just to start cooking dinner. Lights being on is a great way for our servers to identify if someone is home or even see if there has been activity within the home. This also goes for the lights on the outside
of the home. Not everyone uses a timer to keep these lights on and off which can help servers to know if anyone is coming and going from the location. On the flip side to this the sun is also rising between 6:30-6:45 AM throughout the month of November. This naturally has people waking up a little earlier and providing us a little additional time to tag individual at home before going to work.

As snowbirds begin to travel between their homes throughout the holiday, you can rely on our office to get the job done for you at both locations. Sometimes it is unknown if the individual(s) are still up north or if they have made their way south. We can either begin attempts at one of the locations to rule it out or confirm they are there. If time is of the essence and the individual could be a problem serve, we can attempt both locations simultaneously. When attempting simultaneous locations, our servers are made aware
and as usual your office is updated on each attempt. Once one address is ruled out, we will stop efforts there and continue at the other location. Once service is completed you are provided with your return which will show the correct address for service.

If you are interested in our online portal, please remember to reach out for access. Our office will send you a registration email which will allow you to use your email as a username and a password that you create.

The holidays can be a crazy and hectic time just like many lawsuits. When you are in need of a process server, please think of Accurate Serve Fort Myers and contact our office to help bring ease to the process. Stay safe driving and shopping this holiday season, we wish you all full stomachs and happy hearts.

Knock knock knock…. You’ve been served!

– Brandon Muscato

Need our help?
Call (239) 822-7299 or
Email brandon@accurateserveftmyers.com

October 2019 Job Count – 5,325

Average Number of Days from Receiving Paper to Paper Being Served* – 4.9

*This includes jobs that may be on hold or waiting for new info.  There is no way to take those jobs out of the calculation.  So, if a job is placed on hold for 2 weeks, that’s 14 days on that job which factors in to this average. So, we’re even better than what the eyes see, LOL. Some papers get served same day, some next day and some take multiple attempts/addresses to effect service. All we do all day and every day is serve papers. We’re good at it and we love what we do. Thank you for allowing us the opportunity to continue to serve your papers.

Update on E-Signing

We did a Newsletter article in June 2019 about the signing of House Bill 91, and it’s ramifications.  One of those, was the fact that process servers could now e-sign their Returns in lieu of printing the Return, signing it and then scanning.  Once the new law had taken place, our software programmer worked diligently in incorporating an e-sign feature through the App our Servers use to update service jobs.  In the past month, Accurate Serve has e-signed over 2,000 Returns and the time from papers getting served to the time our Clients have received their Returns has drastically increased, which is awesome!!

We are always looking for ways to improve our processes and provide better service to our Clients.  The ideal goal is to receive your paper for service and get it out for service ASAP.  We want 100% of papers served right away and this happens a lot.  But, some papers are trickier than others (Halloween reference).  Just know serving your papers is our top priority.  If you ever have any info that can assist us in getting your papers served quicker, please let us know.  And if you ever need anything from us, we are here for you, just please reach out and let us know what we can do for you.

Warmest regards,
Beau Charlet

Accurate Serve® of Tallahassee is proud to partner with the people at PAF. October is going to be a great month for that relationship. October 23rd is National Paralegal Day! We are happy to announce that the Tallahassee chapter of PAF will be honored with an official Proclamation for Paralegal Day. The Mayor of Tallahassee, John Dailey will take part in a ceremony here in Tallahassee to honor the local paralegals integrity, professionalism, among many other contributions to the legal community.

Please take a look at the proclamation below! If you are a client of ours in the Tallahassee area, we will see you there!

– Brennan Fogarty

Need our help?
Call 850-519-5494 or
Email brennan.fogarty@accurateservetally.com

June 2019 Job Count – 4,557

Average Number of Days from Receiving Paper to Paper Being Served* – 4.29

*This includes jobs that may be on hold or waiting for new info.  There is no way to take those jobs out of the calculation.  So, if a job is placed on hold for 2 weeks, that’s 14 days on that job which factors in to this average. So, we’re even better than what the eyes see, LOL. Some papers get served same day, some next day and some take multiple attempts/addresses to effect service. All we do all day and every day is serve papers. We’re good at it and we love what we do. Thank you for allowing us the opportunity to continue to serve your papers.

Back to School Special

All over the country, boys and girls of all ages are returning to the classrooms to broaden their minds and increase their knowledge bases. Below are a few categories of those ages and how it can affect or relate to service of process.

K – 8: What I want to touch on here is routines. If you are a parent, you generally wake up at the same time to get kids ready for school and out the door. So, most households are active early AM, this is a great time for residential serve attempts. Also, buses are everywhere. We stress to our Servers to always drive safe on the road and mind all traffic rules, stopping for buses, slowing down in school zones, etc.

9 – 12: This is the time kids start driving or catching rides to school from older friends or family members. If you are a parent in this age group, please stress to your child, or their driver, to always drive safe on the road and mind all traffic rules, stopping for buses, slowing down in school zones, etc. And NO texting and driving. It’s a real issue and it affects all of us.

College Age: Sometimes college kids return home to their families for the summer. Now, school is back in session, so if they were visiting home, they are back to school now.

Professionals: Professionals never stop learning. Industries change and you need to adapt. By continuing to educate yourself in your field, you can provide better service to your Clients. Our state association (FAPPS = FL Assoc of Professional Process Servers) holds a continuing education class each year and after attending the course and scoring a high enough grade, process servers can earn the AFPS designation. AFPS = Accredited FAPPS Process Server. I am proud to say that right now, 17% of the AFPS registry, are current Accurate Serve® Owners/Operators.

Warmest regards,
Beau Charlet

When we say everywhere… we mean EVERYWHERE!

If you need service of process in the Jacksonville area, feel free to send the docs along to our office! After we review the docs, we will give you a quote and get your documents out for service! With our team of in-house servers, we provide coverage for the Accurate Serve affiliates from the southern edge of St. Johns County to the Florida/Georgia border.

What if you need service elsewhere; in another state? Miami? Chicago? New York? The answer is the same! Feel free to send the docs- we will give you a quote and get to work!

We have been cultivating and contracting our service of process connections for the last 7 years to develop a nationwide network. If you can find it on a map, we can get somebody there!

What if the person we are looking for has fled the country? The answer is the same! Send along the docs, we can get you a quote and get right to work! When it comes to international service, your docs may need to go through the International Court of Justice at the Hague Convention. We will be able to help you along with this process, too.

No need to ask us for referrals, we are set up so that we can handle all of your service of process needs and facilitate service regardless of wherever it may need to go!

If you have multiple services going to various locations around the country, all you need to do is send the docs over and we can get them served for you. By using your local Accurate Serve for all your service of process needs, we can better serve you. Most importantly, you can spend your time on something that requires your expertise.

When it comes to service of process, leave it to the professionals at Accurate Serve®.

– Brennan Fogarty

Need our help?
Call (904) 735-7810 or
Email serve@accurateservejax.com

June 2019 Job Count – 4,826

Average Number of Days from Receiving Paper to Paper Being Served* – 4.92

*This includes jobs that may be on hold or waiting for new info.  There is no way to take those jobs out of the calculation.  So, if a job is placed on hold for 2 weeks, that’s 14 days on that job which factors in to this average. So, we’re even better than what the eyes see, LOL. Some papers get served same day, some next day and some take multiple attempts/addresses to effect service. All we do all day and every day is serve papers. We’re good at it and we love what we do. Thank you for allowing us the opportunity to continue to serve your papers.

Recharge Those Batteries

Earlier this month our team had the great pleasure of coming together for our annual franchise retreat. This year’s Retreat was in St. Augustine, FL. The weekend started with a group dinner at Beaches of Vilano. After that, it was to the historic downtown area where many of the local drinking establishments were visited.

The next day started with a historical Segway tour of the city, which was awesome. Did you know there were pyramids in St. Augustine? What about the smallest street? Did you know they still have a pay phone that is operative? Only one of our team members have ever been on a Segway prior to that Saturday morning but after a tad bit of practice, we were all pros by the end. There was that one incident where Terrence crashed but that’s what happens when you try checking your email while on the Segway, LOL.

After the tour, some food and a little rest and relaxation and time at the beach. That night we had our second group dinner at A1A Ale Works and that place was amazing, highly recommend. Unfortunately by the time our large group sat and dined, we missed out on mini golf after dinner because they closed already. All that trash talking for nothing. It was a great weekend for the whole team and we all look forward to 2020’s retreat at the UF vs FSU football game in Tallahassee, FL.

Warmest regards,
Beau Charlet

Greetings to everyone who may be reading! I operate the Gainesville office, which opened on April 1, 2019. I would like to take this time and express how exciting it has been expanding the Accurate Serve brand in the Gainesville area and neighboring counties. The Gainesville office serves all counties in the 8th Judicial Circuit of Florida (Alachua, Baker, Bradford, Gilchrist, Levy and Union) along with Putnam County, which is in the 7th Circuit. Each of these counties require a motion and order to serve non-United States District Court documents, excluding subpoenas, within their borders. But no worries! Each Accurate Serve office has a motion and order template that we can promptly provide to you for filing with the court.

As a reference, please note that the following is a list of all Motion and Order counties in the State of Florida: Alachua, Baker, Bradford, Calhoun, Clay, Flagler, Gilchrist, Holmes, Levy, Nassau, Putnam, Union, Volusia and Washington. As a company dedicated to serving clients in a constantly changing profession, we strive to make this part of your work life as easy as possible by providing you with the peace of mind that your documents are in expert hands. I am looking forward to working with you in the very near future!

– Jared Williams

Need our help?
Call (352) 553-2009 or
Email jared@accurateservegainesville.com

June 2019 Job Count – 4,702

Average Number of Days from Receiving Paper to Paper Being Served* – 5.34

*This includes jobs that may be on hold or waiting for new info.  There is no way to take those jobs out of the calculation.  So, if a job is placed on hold for 2 weeks, that’s 14 days on that job which factors in to this average. So, we’re even better than what the eyes see, LOL. Some papers get served same day, some next day and some take multiple attempts/addresses to effect service. All we do all day and every day is serve papers. We’re good at it and we love what we do. Thank you for allowing us the opportunity to continue to serve your papers.

Trademark Registered 

As we just passed the mid-way point of our 10th year in business, we continue to strive for 100% customer satisfaction. Serving your papers quickly and accurately is our number one concern. From e-filing to new technology to House Bill 91, Accurate Serve® stays committed to improving our service to better serve you.

Well, another way we can improve our organization is to strengthen it to it’s core. So, we are happy to say it is official. On July 2, 2019, The US Patent Office approved the registered trademark for Accurate Serve®.

So, what’s the difference between the “™” and the “®”?

The “®” means that trademark has been registered with the government body in that county, so in this case, the U.S. The “™” means the trademark is in use by a company but not registered yet with the government.

Why is having the “®” important?

• Communication is Key – Having the  “®” lets clients know who they are dealing with. You can expect a a level of consistency when using a franchise system like Accurate Serve® and our unparalleled communication.
• Take That, Rewind it Back – Having the  “®” allows potential returning clients to recount on the service they received prior from an Accurate Serve® office and that positive experience helps to solidify the experience.
• Stability – We have been at this for 10 years and each year we add more offices, serve more papers and we love it.  By registering our trademark, you know we’ll be here at least another 10 years.

We love what we do. We are good at it. We are educated, licensed, appointed, certified, registered and always available to serve your papers.

Warmest regards,
Beau Charlet

We are in the heat of summer! July brings in some of the hottest days of our year here in Florida which results in many of our part time residents heading back to their northern addresses, or maybe even out of the nation. What does this mean for your case and your service of process?

Once you have sent us the job and we have ruled out their local address our team has the ability to go to the next step for you. What if you don’t have their second address? Let us help locate it for you by running a skip trace. Once we have the second address we have a network of servers throughout the nation that work with our team on a regular basis to provide the best possible service. If they are residents of another country, still no problem! We have successfully served around the world by Private Process as well as The Hague Convention. No matter the location of service or the number of addresses to attempt, our team can handle the process far and wide and keep you updated on all the steps along the way.

Last week I had the Privilege of being a vendor at the Paralegal Association of Florida Treasure Coast Chapter Summer Seminar. It was a fantastic turn out with nearly 60 paralegals in attendance. I can not be more thankful to President Kristen Remling for this opportunity as well as all of the Paralegals who attended and showed my family a very warm welcoming. Marketing Director Avery Rose and Meaghan Muscato are looking forward to the next event to attend and show our support for PAFTCC. Our team looks forward to the opportunity to earn your business! Knock knock knock…. You’ve been served!

Need our help?
Call (772) 236-7214 or
Email brandon@accurateserveportstlucie.com

June 2019 Job Count – 4,176

Average Number of Days from Receiving Paper to Paper Being Served* – 4.8

*This includes jobs that may be on hold or waiting for new info.  There is no way to take those jobs out of the calculation.  So, if a job is placed on hold for 2 weeks, that’s 14 days on that job which factors in to this average. So, we’re even better than what the eyes see, LOL. Some papers get served same day, some next day and some take multiple attempts/addresses to effect service. All we do all day and every day is serve papers. We’re good at it and we love what we do. Thank you for allowing us the opportunity to continue to serve your papers.