Examples of Service by Publication

Personal service of process is the preferred and most direct method to notify a party about legal actions being taken against them. However, there are instances when personal service is simply not possible. In such cases, service by publication becomes a vital alternative. Accurate Serve® of Daytona Beach, a reliable process server agency serving Daytona Beach, Titusville, and Palm Coast, provides extensive expertise in handling these types of situations efficiently and in compliance with Florida law.

Understanding Service by Publication

Service by publication, also known as constructive service in Florida, is a legal process used when the defendant cannot be located for personal service. This method is governed by Chapter 49 of the Florida Statutes and is considered a method of last resort. When personal or substitute service of process is no possible, or if the party resides outside of Florida, service by publication may be necessary.

Case Types in Which Service by Publication is Allowed

Service by publication is allowed in several specific circumstances:

1. Partitioning of Real or Personal Property: When property needs to be divided and the involved party cannot be found.
2. Dissolution or Annulment of Marriage: When a spouse’s whereabouts are unknown and they need to be served with divorce or annulment papers.
3. Adoption and Termination of Parental Rights: In cases of adoption or termination of parental rights where the biological parent cannot be located.
4. Name Changes of Minors: When a minor’s name change is sought, but a parent or guardian cannot be found to provide consent.
5. Temporary Custody of a Minor Child: For temporary custody cases under Chapter 751.
6. Determining Paternity: Specifically concerning the legal father in paternity cases where another man is alleged to be the biological father.

Steps Involved in Service by Publication

To initiate service by publication, several steps must be meticulously followed to ensure compliance with legal requirements:

1. Attempt Personal Service: The petitioner must make reasonable efforts to serve the respondent personally at any known Florida address or place of employment.
2. Affidavit of Diligent Search: If personal service fails, the petitioner must file an Affidavit of Diligent Search. This document outlines the steps taken to locate the respondent and confirms that all reasonable efforts have been exhausted.
3. Notice of Action: After filing the affidavit, the petitioner requests the Clerk to issue a Notice of Action appropriate to the case type. This notice must be published in a local newspaper for four consecutive weeks.
4. Publisher’s Affidavit: Upon completion of the publication period, the petitioner must secure and file a Publisher’s Affidavit to provide proof of publication.
5. Opportunity to Answer: The respondent has between 28 and 60 days after the first publication to respond to the notice.
6. Clerk’s Default: If the respondent fails to answer within the given timeframe, the Clerk can issue a default, allowing the case to proceed without their input.

Limitations of Service by Publication

While service by publication is a vital tool, it comes with limitations. The court’s jurisdiction is limited to granting the relief requested in the notice, such as dissolving a marriage. However, personal service is required for the court to order payments or terminate child or spousal support, for example. Always consult with a qualified attorney to find out the specific legal remedies available for your case.

Examples of Service by Publication in Action

1. Divorce Proceedings: John Doe has been estranged from his wife, Jane Doe, for several years. Jane wishes to file for divorce but has no idea where John is living. After attempting personal service at John’s last known address and places of employment without success, Jane files an Affidavit of Diligent Search. The Clerk issues a Notice of Action, which is published in the local newspaper. John has 28 days to respond, following which the court proceeds with the divorce.
2. Adoption Cases: Sarah and Mark want to adopt Mark’s biological son from a previous relationship. The biological mother has not been in contact for years, and her whereabouts are unknown. After a diligent search, an Affidavit is filed, and a Notice of Action is published. The court allows the adoption to proceed after the publication period ends with no response from the mother.

Service by Publication on the Fun Coast

At Accurate Serve® of Daytona Beach, we understand the complexities involved in service by publication and are committed to providing precise and reliable service of process, no matter the situation. Whether you need assistance with document retrieval, skip trace, diligent search, or any process service needs in Daytona Beach, Palm Coast, or Titusville, our experienced team is here to help. For more information or to send us a work request online or call (386) 569-8475 today.