What Happens if Papers Cannot Be Served?
In order for a court case to proceed in Florida, all persons involved in the case must be properly notified as required by both federal and state laws. These involved persons may be:
- Defendants
- Witnesses
- Subject matter experts asked to testify
Depending on the nature of the case, other parties may also be designated as process recipients.
Finding a Process Recipient
Process servers have several different methods of locating the intended recipient of the process. There will typically be an address for the recipient on the process, so most servers start there. Online searches, reviews of public records, and searching through social media accounts can also yield more detailed information. If these methods do not work, the process server may implement a skip trace or diligent search.
Nowhere to be Found
If the intended recipient of the process cannot be located after all available methods have been exhausted, there are still avenues to proceed. A request for service by substitution or service by publication must be filed with the local court overseeing the case and approved by a judge.
Service by Substitution
If service by substitution is approved, the process server may serve another person over the age of 15 years residing in the same home as the intended recipient. A spouse would be an excellent person to serve via this method, assuming the case is not an adversarial one involving said spouse. Verification of the service is filed with the court in the same manner as usual.
Service by Publication
If service by publication is approved, an announcement may be placed in the local newspaper or posted in three conspicuous places around the county, including the county courthouse entrance, notifying the intended process recipient of their requested appearance in court. The announcement must be posted four times over the course of four weeks, once weekly, to satisfy the conditions of service by publication. However, foreclosures only need to be posted twice.
Quality Process Service in Jacksonville
If you’re dealing with difficult-to-locate process recipients, trust the service experts at Accurate Serve® in Jax to either locate the recipients or use lawful methods to satisfy the service requirements for your case. Don’t let your case sit around or get dismissed due to an evasive party! Call us at (904) 735-7810 or send us your work requests online, and find out why so many Jacksonville firms trust us to handle their case process quickly, efficiently, and discreetly.