The men and women of the military often put their lives at risk for the protection of the country and its citizens. Everyone should respect military members, even when they have done something that leads to a legal case. Yet for any case to move forward in Florida, service of process must be made. Here is what you need to know about serving papers to military members.
Jurisdiction for Service
When you have a case involving a military service member, you have to make sure that jurisdiction allows for the case to move forward and service to be made. Jurisdiction is often based on a person’s domicile, which can be different than their physical address. If a person is stationed on a base in Florida, their state of residence could be Tennessee or any other state. If that is the case, you won’t be able to serve them in Florida. You may need to hire a process server in their state of residence to deliver the papers when they are home on leave. Continue reading
If you are a landlord in Florida, you will eventually face the problem of having to evict someone for nonpayment of rent or violations of their lease terms. Florida has specific laws about how evictions must be handled. The first step is to provide the tenant with a three-day or seven-day eviction notice, depending on the reason for the eviction. If the tenant doesn’t take action within the specified time frame, the landlord can then file papers with the court.
The papers that are filed with the court must be served to the tenant by a private process server, but the three-day or seven-day notices can be posted to the tenant by anyone. Here are three benefits of using a process server for the initial notice.
Proof of Service
Even though you don’t necessarily have to have proof of service of the three-day or seven-day notices, it can be helpful to have this proof handy. A private process server will make sure that there is proof that these notices have been delivered to the tenant or posted on the door. This way if the tenant denies that you ever gave them the notice, you have proof otherwise. Continue reading
If you have a legal matter, chances are you will need service of process for the individual against whom you are taking the action. This service of process is necessary for your case to move forward. According to the law, everyone must be given due process. Service of process is part of that due process, because without it they may not know there is a legal action against them and therefore cannot defend themselves against said action.
Knowing how important service of process is, it would not be surprising to know that invalid service can completely ruin your case. While improper service or lack of service doesn’t always mean dismissal of your case, it can cause significant and expensive delays.
Failure to Serve
If the defendant or respondent in your case is unable to be served for any reason, it could derail your case. Sometimes process servers are unable to locate an individual to complete proper service. If the process server claims that the serve was made but the individual claims that it wasn’t, it could cause some significant problems. If instead the process server is honest about not being able to locate the individual, you may be able to get the judge to approve alternative methods of service. Continue reading
When you have a civil legal case, you will need to be able to have the papers served to the other party in the case. You have two options to complete service of process—the sheriff’s department or a private process server. There are advantages and disadvantages of each. But in Florida, there are a lot of advantages of hiring a private process server for your legal paper needs.
When it comes to timeliness, you will get much faster service with a private process server. The sheriff’s department has a lot of responsibilities and duties. If you want to make sure that your papers are treated with high priority, you’ll need to go with a private process server. Often serving papers is on the bottom of the sheriff’s to-do list. Continue reading