No one really wants to be served with court papers in any case. But how far will someone go to avoid being served? Florida has laws and regulations in place that penalize individuals for resisting service of process when it is affected by a registered private process server or sheriff’s department. Here’s what you need to know.
Resisting Service Without Violence
When a private process server knocks on the door and states their purpose, they could be turned away from the door. The individual that is supposed to be served may refuse to open the screen door or window to physically accept the papers. In this case, have they been served? Can they deny service and stop the case in its tracks? Actually, no, they cannot.
Resisting service of process from a registered process server is classified as a first degree misdemeanor in the state of Florida. If the party to be served is identified by the process server but they refuse to physically take the papers, even if they are not physically violent or physically resisting, they can be charged with a crime. They will also still be expected to show up in court, and service of process is considered to be complete.
Resisting Service with Violence
It is unfortunate, but some people who are served with papers are violent in nature and may start a physical altercation with the private process server. This, too, is against Florida law and comes with an even stiffer penalty. Resisting service of process with physical force is a third degree felony in the state of Florida. And, again, service of process will be considered complete, even if the individual refuses to physically take the papers.
If you are worried about your respondent or defendant trying to refuse service of process, contact us today for more information about how we can help.
