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Can A Process Server Trespass?

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?

No!!!

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

How to Know if a Process Server is Legit

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

Most Common Questions Asked About Process Serving

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

Spotting a Fake Process Server

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

Avoiding Skip Tracing

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

How Many Attempts Will A Process Server Make?

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

How Do I Find a Missing Person that Needs to be Served?

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

Why You Never Want to Avoid a Process Server

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

April Newsletter 2022

Message from the Founder

We have great news in the process serving world in regards to service of process originating from the great state of Michigan.  The Governor signed Senate Bill 244 into law on March 23, 2022.  The law will go into effect 180 days from that date, so September 20, 2022.

What does the Bill say and what changes will take place? The main change in this Bill is the change of the current requirement of needing Affidavits of Service to only requiring a written Statement of Service, or a Return of Service that does not need to be notarized. A Return of Service is without notary and an Affidavit of Service has a notary block on it.

If you are an Attorney in Michigan, this article is a Heads Up for you. If you start seeing Returns of Service for MI cases now, that is not good. But, if you start seeing them closer to the end of the year, just know that it is proper at that point (after 9-20-22).

The entire Bill is attached for your viewing pleasure.

Beau Charlet
https://www.theaccurateservefranchise.com/

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FRANCHISEE: PLANTATION

Bring on the sunshine! Spring is here and as it does every year it brings a change of seasons. Out with the old and in with the new for 2022! This year Accurate Serve® Plantation has a big change to share as well. There has been a change in ownership and management for the Plantation office. Moving forward, when you reach out to our Plantation office you will be greeted by myself and my team. I personally have over 8 years of experience in the industry and operating Accurate Serve® Offices. My team oversees offices throughout Fort Myers, Port St. Lucie, Dallas and Houston and I am excited to extend our customer services into the Miami area.

There will be no changes to the way that you send us work. You can email the documents for service to [email protected] or submit the work through our websites ‘send work’ tab here www.accurateserveplantation.com/sendwork

What you can expect moving forward is, friendly and professional customer service, timely responses to emails/phone calls and updates on jobs. Quick turnaround on signed returns/affidavits.

Accurate Serve® Plantation is revamped for the 2022 year and I am excited to work with our current and new clients down the road. My office is here for any of your processing serving needs, no matter the location of service you can email us the documents. My team will always confirm receipt of your emails and we will keep you updated on our progress for each job.

If you are a current customer, THANK YOU! Your business is greatly appreciated and I have enjoyed meeting you through phone and email conversations. If you have used our services in the past, please contact us the next time you are in need of service in order to meet our new team. I look forward to assisting Attorneys and Paralegals alike with your process serving needs and earning your business.

Thank you,

Brandon Muscato
Need our help?
Call (954) 770-9997

or
Email [email protected]

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QUICK TIDBIT!
Did you know that FL courts started e-filing on 4-1-13?  That was close to 9 years ago. Before e-filing, we would walk stacks of cases into the Clerk’s office and let them stamp and file everything with hard copies. Those sure were different times.
Word of the Month: Intersperse – to insert or place at intervals
M A R C H
3/13 – Daylight Savings Time
3/17 – Happy St. Patricks Day!
3/20 – First Day of Spring
Office Anniversaries
Tampa, FL
February 2022 Job Statistics

February 2022 Job Count – 4,045
Average Number of Days from Receiving Paper to Paper Being Served* – 6.04

*This includes jobs that may be on hold or waiting for new info. There is no way to take those jobs out of the calculation. So, if a job is placed on hold for 2 weeks, that’s 14 days on that job which factors in to this average. So, we’re even better than what the eyes see, LOL. Some papers get served same day, some next day and some take multiple attempts/addresses to effect service. All we do all day and every day is serve papers. We’re good at it and we love what we do. Thank you for allowing us the opportunity to continue to serve your papers.

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Can a Process Server Serve an Eviction Notice?

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