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.
While each county or judicial circuit has its own set of rules for servers to be approved, there are some general guidelines that apply to almost all areas:
- Be 18 years or older
- Have no mental disabilities
- Have no personal involvement in any case
- Be a permanent Florida resident
- Submit a completed application
- Pay the application fee
- Have a clean background and criminal history
- Possess a Certificate of Good Conduct filed with the court or sheriff’s office
- Passage of a training course and exam
- Posting of a surety bond
- Submit letters of recommendation (not required in all areas)
Unfamiliar with the Law
Reputable process servers deal with process server laws every day, so they are always well-versed in how certain situations should play out legally. In addition to their everyday experience, servers are also required to prove their understanding of Florida’s and Duval County’s process server laws by way of examination. With all of this exposure to the process serving laws, there’s no excuse for a process server not to know the basics. If you’re interviewing a potential process server for your case, and they say something to indicate that they do not understand the rules of the serving process in Florida, investigate further. You may be dealing with a fake server.
Some easy red flags to look out for include:
- Attempting to serve process on Sunday
- Wearing disguises
- Lying about their identity
- Giving process recipients advice about their cases
- Threatening or trying to intimidate process recipients
- Engaging in illegal activities, such as breaking and entering or trespassing
Working with a server who engages in any of the activities above could be grounds for a judge to dismiss your case due to unprofessional and improper service. Never hire a process server that does not understand the law or blatantly says that they intend to break the law.
No Verifiable Experience
Just like every other industry on the planet, experience matters. Experienced process servers know how to get their job done quickly, efficiently, and accurately. Finding elusive defendants is no problem for servers with a few years under their belts. So for easy cases where the defendant will be easy to find, a new process server might be fine. But for more complex cases and difficult targets, a process server with some experience is advisable. The problem is, that some sketchy process servers will tell you they have experience when they really don’t. Just like with the sheriff’s approval, when in doubt, call and check on any references the potential server gives you. Bonus points for researching the reference to be sure it’s legit.
The Best Process Servers in Jacksonville
Accurate Serve® of Jacksonville has been helping attorneys secure valid service of process in the state of Florida since 2009. Our servers in Duval County are sheriff-approved and ready to help with your case. Check out our reviews to see why we’re considered one of Jacksonville’s most efficient process service agencies. If you are located outside Duval County, visit theaccurateservefranchise.com to find your local office.