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
When someone can’t be easily found, the process of finding them is called skip tracing. Most people don’t know very much about the process of skip tracing, how it’s done, or when it is done. Private process servers frequently use skip tracing to find individuals who need to be served papers. Here are four things you probably didn’t know about skip tracing.
Most Likely to Disappear
Skip tracing is used in a number of cases, but there are certain situations that are more likely to need a skip trace. These cases include witnesses for lawsuits, those accused of fraud, debtors who are in default, estate heirs that are missing and unaware of their inheritance, or defendants who are avoiding being located to prolong, delay, or dismiss a case. Continue reading
When you are hiring a private process server to help with your court case, you want to make sure that you are hiring someone that is trustworthy. There are a lot of private process servers out there that engage in unethical practices such as gutter serves (throwing away papers instead of serving them). Before you agree to a private process server to handle your court papers, consider these three traits of a trustworthy process server.
Less Than Perfect Success Rate
It is unfortunate, but sometimes papers just can’t be served. A person may have moved out of the state and be impossible to serve through normal means. An individual might change jobs and move around at the same time, making all of the information the process server has about where to find the individual null and void. A high success rate will let you know that the process server does their due diligence, but a process server that claims to serve papers 100 percent of the time is likely not being honest. Continue reading
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