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. Continue reading
When you need papers served, you need to know that you can trust the process server you have hired. Untrustworthy process servers and paper brokers often engage in gutter serves. Learn what a gutter serve is, and why it hurts your case.
What is a Gutter Serve?
A gutter serve is essentially when the process server says that they served the papers, but in reality, they threw them away and did not deliver them. This illegal and unethical practice is more widespread than you might think. Some process servers guarantee service, and when they can’t deliver, they still want to be paid so they lie about service. This can hurt you in a number of ways. Continue reading
There is a new kind of process service company that has arisen in the last several years that work as paper brokers. These process service companies take on papers to be served and broker them out to independent contractors. There are several problems with this, and there are many reasons that you should know your process server who is actually handling your papers.
Problems with Paper Brokers
One of the biggest problems with paper brokers is that they contract the actual service of the papers to independent contractors that they do not have any control over. The paper brokers have no control over the methods used to locate the individual for service or how the papers are actually served. The paper brokers also do not train these independent contractors, and the contractors may not be well versed in the laws regarding process service. Using paper brokers can also lead to gutter serves, where the papers are trashed and documents are falsified showing service. Continue reading
There are some instances in which you might find yourself needing to have papers served internationally. This can often happen with lawsuits due to the global marketplace. If the manufacturer of a product or the provider of a service is primarily located in another country, it could make filing a lawsuit and pursuing service more difficult. There are some ways that you can get papers served internationally.
A US Proxy
Many foreign companies have a US proxy. It may be an attorney, an accountant, a division of the company, an affiliate, or a subsidiary. If they have a US based presence at all, you can often serve process to this proxy. You will need a private process server who is well versed in the laws surrounding proof of service both in the US and the country where the company is based. Continue reading
When it comes to your court case, serving papers successfully and accurately is among the first of many steps. When your papers aren’t served correctly, it can cause delays in the process. No matter what type of case you are working with or what type of papers you need served, having the right process server is of the utmost importance.
Process servers should go through quite a bit of training before they engage in serving papers in Daytona Beach. The training that a process server goes through varies quite a bit. Some counties have specific requirements for training, but most only require a bond and certification with the county. Since anyone can register to be a process server, it is important to find out what went into the making of your process server before you decide to use them for your case.
Knowing the Law
At a minimum, process servers should go through some training to learn the laws regarding service of process. There are many rules about who papers can be delivered to, how they can be delivered, and verifying identity of people who are served. The Florida laws vary depending on the type of case and the type of papers being served. Only careful and conscientious training of a process server will ensure that there are no mistakes in the serving of your papers.
Persistence and Attitude
A good process server is persistent and has a good work ethic. Often, these process servers work with little supervision. It is important that you choose someone who will do their due diligence to make sure your papers get delivered accurately and successfully. A process server who does not have these attributes is not as likely to get the job done, especially if the individual is actively evading service.
Knowing How to Find People
The simple fact is no one wants to be served with papers, and some people actively try to avoid service. Other times, the individual who needs to be served may have moved or changed employment, making them harder to find. A good process server receives training in how to find individuals who do not want to be found.
If you need papers served for your case in Daytona Beach, we can help. Our process servers go through extensive training to be the best in the field. Contact us today for more information.