In the state of Florida, service of process is a highly-regulated part of the legal system, ensuring that all parties involved in a legal action are properly notified. This process is governed by specific rules that must be followed to ensure that the service is valid and that the legal proceedings can move forward without delay. For anyone involved in a legal matter in Florida, understanding the state’s service of process rules is essential.
What Is Service of Process?
Service of process is the procedure by which the person filing a lawsuit gives notice to those named as defendants in said lawsuit, providing them with the necessary legal documents to respond to the legal action. This process is fundamental to the principle of due process, as it ensures that all parties are given a fair opportunity to present their case.
In Florida, service of process can be accomplished through several methods, including personal service, service by substitution, and service by publication. Each method has its own set of rules and requirements that must be strictly adhered to in order for the service to be considered valid.
Personal Service
Personal service is the most straightforward and commonly used method of service in Florida. This involves physically delivering the legal documents to the defendant or to an appropriate individual at the defendant’s residence or place of business. Personal service can be carried out by a sheriff or a certified process server. The server must be over the age of 18, not be a party to the case, and be properly certified/approved by the appropriate judicial circuit or local sheriff.
Florida law also allows for personal service on a corporate defendant by delivering the documents to an officer or an agent of the corporation. If the corporation does not have a registered agent, service can be made on any officer, director, or manager of the corporation.
Substituted Service
Substituted service is used when personal service cannot be accomplished despite diligent efforts. Florida law permits substituted service by leaving the legal documents with a person over the age of 15 who resides at the defendant’s usual place of residence. Alternatively, if the defendant is avoiding service and owns their own business, the documents can be left at the defendant’s place of business with an individual in charge.
Before substituted service can be utilized, the plaintiff must show that personal service was attempted but could not be completed. The plaintiff may need to provide an affidavit detailing the attempts made to serve the defendant.
Service by Publication
In cases where the defendant cannot be located despite diligent efforts, and there is no one to accept service by substitution, Florida law allows for service by publication. This method involves publishing a notice of the lawsuit in a newspaper of general circulation in the area where the defendant is believed to reside. Service by publication is typically used in cases where the defendant is intentionally avoiding service or when the defendant’s whereabouts are unknown.
Service of Process in the Sunshine State
Service of process is a critical step in any legal proceeding, and understanding Florida’s service of process rules is essential for ensuring that the process is completed correctly and efficiently. Whether you are initiating a lawsuit or have been served, knowing the rules can help you navigate the legal process with confidence. At Accurate Serve Daytona Beach, also serving Palm Coast and Titusville, we are experts in Florida’s service of process rules and can provide reliable and professional process service to meet your needs. Contact us today at 386-569-8475 or send us a work request online to get started with the area’s premier process service team.
