Process servers are an essential part of the legal system, ensuring that people are properly notified of legal matters and keeping the court schedule flowing smoothly. Without process servers, courtrooms would be scheduling nightmares with a backlog of cases or maybe even passing judgment on people who don’t even know they’re supposed to be in court. What a mess! So surely the court gives process servers permission to bend and break the law a little, right?
Process Servers Must Abide by All Laws, All the Time
No matter what, a process server is NEVER allowed to break any law, no matter how minor. If they do, they can be charged with criminal charges just like anyone else. This includes trespassing, breaking and entering, making threats, harassment, assault, property destruction, or anything else. Continue reading
You’ve filed your case with civil court…now it’s time to serve the defendants and witnesses with their summons and subpoenas. If you don’t follow the rules and use someone who isn’t authorized to serve process in Florida, you’re taking a risk of having your entire case thrown out for improper service.
So how do you know if the process server you’re considering using is legit?
They’re approved/appointed/certified to work where you need service
No matter where the process server plans to work in Florida, they must all meet the following minimum requirements: Continue reading
What is Process?
According to Cornell Law School, the process is paperwork relevant to a specific court case that needs to be served on the case’s defendant.
What is a Process Server?
A process server is a person who delivers legal process to its intended recipient. The recipient could be a case defendant, witness, subject-matter expert, or other stakeholders in the case. Continue reading
Using an approved process server in Jacksonville is required for the delivery of most legal documents. Only process servers approved by the Duval County Sheriff’s Office may serve legal process in this county. Using an unapproved process server could get your entire case thrown out. In this post, we’ll go over the tell-tale signs that you’re dealing with a process server that is not reputable.
No Sheriff Approval
As mentioned above, anyone serving process in Duval County must first be approved by the Duval County Sheriff’s Office. As of the date of this post, Duval County is not accepting applications for new process servers and is only renewing the approvals of existing servers. So not only should you request proof of sheriff approval when interviewing potential process servers, but you should also be wary of any server that claims to have been approved in Duval County over the past few years. When in doubt, give the sheriff’s office a call to confirm the server’s statements. Continue reading
Most defendants and witnesses are easy enough to locate, but occasionally, a process server will be assigned a target that is harder to find than a needle in a haystack. So what do process servers do when all their traditional tactics to locate people don’t work? Enter the skip trace.
What is a Skip Trace?
A skip trace is a method of locating a person who is difficult to find. The skip trace process uses various methods, such as public records searches, skip tracing software, social media tracking, and more to locate the person. The goal of a skip trace is to collect as much information about the individual as possible in order to track them down. Continue reading
When you need to have legal documents, or process, served on someone, you want the service to go as smoothly as possible. There are a lot of variables that can affect how the service goes and determine how many attempts the process server will make.
In this blog post, we’ll take a look at some of the factors that determine how many service attempts must be made:
How far out is the court date?
From the moment a process server receives an assignment, the clock is ticking. The process must be served at least two weeks before the scheduled court date to be valid. If there’s limited time, then the server won’t be able to make as many service attempts before seeking an alternative. Continue reading
No one enjoys a visit from a process server, but some people dislike it so much that they go to great efforts to avoid them. No matter what, avoiding a process server is a lost cause, but that doesn’t stop people from trying. Evasive targets just make the process server’s job longer and more costly, but eventually, everyone gets “served” one way or another.
Are you a process server with a hard-to-find target? Here are our top tips and tricks to locate even the most elusive individuals:
Investigate Their Background
Look in every nook and cranny of the internet, court records, and public records to find out as much as possible about the target’s background. You might even want to speak with some of your network contacts in-person to see if the target is known in the industry. Some great information to collect includes: Continue reading
If someone has filed a civil complaint against you or your business, you might be tempted to try avoiding the process server to delay the case from going to court. That would be a big mistake. Avoiding the process server can land you in big trouble and cost you a ton of time and money. Before you think about ducking the process server, consider these consequences first:
The case filed against you will still proceed
Avoiding the process server might delay things, but it’s not going to stop the case from eventually moving forward. After several attempts to serve you, the process server can request an alternative service by substitution or publication. Once the requirements of alternative service are met, you are considered served and the case will go to court as scheduled. Continue reading
If you’re a landlord or property manager, you’ve likely had to deal with evicting a tenant. No matter the reason for the eviction, it can be a difficult and frustrating process. There are many steps that you must follow before even being allowed to file the eviction lawsuit. If you do not complete any of the steps correctly, your entire case could be compromised and you may be forced to begin everything again.
Filing an Eviction Lawsuit in Duval County
To file an eviction lawsuit in Jacksonville, you must: Continue reading