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:
- Be 18 years old or older
- Have no mental or legal disability
- Be a permanent resident of the state of Florida
- Submit a background check
- Obtain and file a certificate of good conduct
- Submit to examination regarding the laws and rules of process servers (if applicable)
- Execute a surety bond for at least $5,000
- Take an oath of office
Not only does the state of Florida have requirements in place for who can or cannot be a process server in the state, but each county and/or judicial circuit also establishes their own rules for servers. In Duval and St. Johns counties, private process servers must be appointed as Special Process Server by the Sheriff’s office. However, in neighboring Clay and Nassau counties, process servers must be individually appointed to cases by a circuit court judge. In some other Florida counties, private process servers must be certified by the judicial circuit governing the county to serve process.
The point is, who can be a process server in a certain county in Florida completely depends on the approval or authorization they possess. The first thing you should check for when interviewing potential process servers is their credentials to serve process where you need service. If they aren’t approved in the county you need, move on to someone else. For a list of process servers authorized to work in Duval County, click here.
They follow the rules for Florida process servers
Process servers in Florida must follow a certain set of rules while working. These rules are established by the state and also by the county, court, or judicial circuit governing the county where the process server works.
The state of Florida requires that process servers not engage in “malfeasance, misfeasance, neglect of duty, or incompetence” and that they be “disinterested in any process he or she serves”. Violating these requirements can result in the process server being barred permanently from serving process in Florida.
In addition, the Duval County Sheriff’s Office also requires Special Process Servers to agree to terms and conditions to be appointed. A complete list of those conditions can be found on their process server renewal application. Duval County Sheriff is not appointing any new servers at this time and is only accepting renewal applications from existing servers.
They provide verifiable references
Legitimate process servers should have no problem providing you with verifiable references from past clients. Be sure to actually call each of the references and verbally confirm the server’s claims. If they claim to be a server for a specific agency, you will also want to contact that agency to make sure they are in good standing.
Jacksonville’s Premier Process Service Agency
When you choose Accurate Serve® of Jacksonville, you get the best process servers in Duval County. All of our servers are 100% legit and ready to provide you with excellent and valid service. Call us at (904) 735-7810 or send us work requests online to get started today.