Process servers may encounter a handful of obstacles during while handling your case. To help alleviate some of your concerns, here is a general list of frequently asked questions concerning process servers and the service of process procedure.
What exactly is Process Serving?
Process serving is the act of notifying an individual of summons or other legal action being taken against them. The United States Constitution guarantees the right of Due Process of the Law, and process servers carry out that process through formal notification. Process servers deliver (or serve) legal documents to individuals, and then proceed to have an Affidavit of Service (or Proof of Service) notarized. The Proof is given to the party that requested the process serving.
Who can legally serve documents?
In the state of Florida, process servers must become accredited. Process servers in Florida must be of legal age, residency, mental and legal competency, and pass other legal examinations.
Where can individuals be served?
In the state of Florida, a person cannot be served at their home on Sundays, or on their way to or from a court of law. An expert process server understands these rules and will find the opportune time and place to serve a defendant within the confines of the law.
What if the defendant does not accept being served?
Typically, a person does not have to accept papers in order for process servers to complete their task. For example, a defendant could answer the door and refuse service, but they still may have been legally served in the eyes of the law. Your local process server will understand the terms of your individual case based on state statutes and will approach the job accordingly.
If the defendant cannot be found, a professional process server will understand how to proceed, either by proving that an attempt was made or serving another applicable person.
It is critical that you seek qualified and professional process servers when taking legal action. Process servers who act erroneously could destroy your case, and the cost of a professional process server is minimal compared to losing your case.
