A process server must know their job inside and out. Making any mistake while serving legal process can derail your client’s whole case. In some cases, it may even be grounds for dismissal.
Overall, process servers must be respectful and honest about their identities. The Hollywood trope of the disguised process server sneaking up on you and declaring “You’ve been served!” isn’t exactly reality. Trustworthy and professional process servers will never:
- Impersonate a police officer or other emergency personnel. Even if the process server is a full-time police officer, they can’t use that position to gain access while serving legal process.
- Impersonate any mail or package delivery service, including:
- USPS
- UPS
- FedEx
- Trespass. Process servers should only attempt to serve process in public areas. They should never enter any private building or property without express permission.
- Be threatening or abusive in any way, including language.
- Be connected to the case in any way. Even being casually acquainted with one of the parties is not advised, as this may give one party grounds for case dismissal.
In addition to the above, there are many rules about when and where service is allowed. Some of the most common service rules process servers must heed in Florida are:
- Do not serve process in a county, judicial district, or state without registering first as a process server.
- Do not serve process on Sunday.
- Do not attempt to serve a party at their workplace without first notifying their employer.
- Do not attempt to serve a party at their place of business outside of normal business hours.
- Do not attempt service of process by substitution or publication without first receiving court approval. If there have been at least two unsuccessful service attempts, the court may allow service by either substitution or publication. In these situations, process paperwork may be left with a third party or posted publically, like in a newspaper. When serving process by substitution:
- Do not touch anyone’s mailbox, mail slot, or mail receptacle of any kind. Not abiding by this federal law could land the process server some hefty fines, or worse, jail time.
- Do not leave process paperwork on someone’s porch or other open, publicly accessible space.
- Do not leave process paperwork with anyone that cannot reasonably deliver it to the intended party.
- Do not leave process paperwork with anyone under 15 years old.
This list is not exhaustive. Each process server must think quickly, adapt to the situation at hand, and stay in compliance with all applicable laws. That’s where experience comes into play. At Accurate Serve, we’ve been serving Florida’s legal community since 2009. From opening our first office in Lakeland to expanding to Daytona Beach, we have remained dedicated to providing fast, efficient, and compliant service to all the firms we assist. In Daytona Beach, Palm Coast, or Titusville, visit accurateservedaytonabeach.com for a quick return of proof of service in your case.
