Why Landlords Should Use Private Process Servers
If you are not new to being a landlord or property manager, you are probably well aware that not all parts of the eviction process have to be handled by a process server, but there are some very good reasons to use a private process server for the entire eviction process.
Three-Day and Seven-Day Notices
Before you can file an eviction with the courts, you have to give your tenants notice that you plan to do so. If a tenant has not paid their rent, you can give them a three-day notice. If the tenant has violated the lease in some other way, a seven-day notice gives them an opportunity to correct the problem before an eviction is filed. Continue reading
The Future of Electronic Service of Process
The digital age has transformed our society. Looking back even just five years ago can be surreal. Everyone has at least one social media profile, carries a computer in their pocket, and uses a computer frequently throughout the day, almost every day of the year. Even many homeless Americans have regular access to Facebook or email.
The question that many people are asking is, “Why can’t legal papers be served digitally?” Honestly, the courts are extremely behind the times on this issue. There are several different ways that papers could be electronically served where it would be reasonable to assume that the intended recipient received it. Continue reading
June Newsletter 2020
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When Can Someone Be Served?
Many people are under the impression that you can only be served Monday through Friday during normal business hours. However, there are much fewer restrictions on process service in the state of Florida. While there are a few exceptions, most people can be served Monday through Saturday every week, except national holidays.
Differences for Businesses
If you are serving a business, company, corporation, or organization, you will be more limited in when the entity can be served. Each organization will have a designated person for you to serve the papers to, and they may not be located in the same location in which you did business. If there is no registered agent, the papers can be served to the highest ranking individual at the location you did business with. Continue reading
May Newsletter
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Why Lawyers Work with Private Process Servers
Many attorneys have an established relationship with one specific process server or one company with several different process servers. Attorneys know that you should use a private process server instead of the sheriff, even though service by the sheriff is pushed by the circuit courts. Here’s more about why lawyers work with private process servers.
Service of Process Is Required
Attorneys often handle more than one case at a time, and they handle many cases in the course of a year. Any civil matter that is filed with the courts requires service of process. If an attorney specializes in civil cases or handles them frequently, it makes sense to have an established account with a private process server. Continue reading
April Update
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Is There Any Time That Papers Can’t Be Served?
If you have papers that need to be served to someone who isn’t typically available for much of the day, you might be wondering how they are going to get served. It is important to remember that process servers do not work bankers’ hours. You can have papers served in the evenings or on the weekends, as well as other times that someone might be found at home.
Evenings
There are no rules about how late in the day a process server can serve papers. Most process servers will not attempt to serve papers after about 8 P.M. unless there are extenuating circumstances. Sometimes people are more likely to be found at home in the evenings if they work full time, and this may be a better option than serving them at work. Continue reading
March Update
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Finding a Missing Person that Needs to Be Served
Do you have a civil court case that is dead in the water because you can’t find the defendant? This is a common problem, especially when using the sheriff’s department for service of process. Often, people have simply moved or changed employment, but sometimes people intentionally disappear so that they can’t be sued or prosecuted.
Private process servers have a lot of resources available to find missing persons who need to be served. The sheriff’s department does not have the resources to find people for this purpose. Often, if a sheriff cannot serve the papers at the individual’s last known residence, they return the papers to the court as undeliverable. A process server can spend much more time and try more locations to get the papers served in a timely manner. Continue reading