We recommend standard service for those cases that you have ample time to serve. For example, if the Court date is at least 30 days, the process server will be able to make ample attempts.

If your pleading is short dated — then we would recommend the rush service. Rush service is typically attempted with 1-2 business days. This service is also recommended for those instances where the defendant will be at a certain place at a certain time and you want the process server to be there. These services have a better and quicker outcome.

Same Day Service is used when you have an Order to Show Cause or a Writ of Garnishment and its in the best interest of the party to get these pleadings served immediately. Same Day service can also apply to that special service where you have a particular date and time to serve the defendant.

In Florida, if the defendant listed in the documents cannot be found, the court may allow service by publication in a newspaper. This method is perfect for Family Law cases and Foreclosure matters. In order to publish, the Court will require an affidavit of due diligence. In addition, the affidavit will need to be precise as to how many attempts were made and the outcome of those attempts. Finally, the attorney will have to demonstrate that there is no other address for the defendant that can be attempted.

In Florida, the defendant nor the witness has to receive the documents in hand. If the process server has properly identified themselves and advised about the contents of the documents — the legal documents can be left on the floor, on the table or outside their home. This information must be reflected on the Affidavit and filed with the Court. Also, it should be fully disclosed on the paperwork (field sheet) that the process server will keep in the office. This documentation is great in the event the process server has to testify in Court.

An Affidavit of Service is also known as a Proof of Service. This document is a signed document provided to you upon completion of serving your documents. In Florida we do not require the Affidavit to be notarized; however, many other states have this requirement that we can comply with. Often times, if the defendant cannot be served the Affidavit provided, will be a Due Diligence Affidavit that will be filed with the Court. This Affidavit will be useful in the event you want to serve the Secretary of State under 48.161 or 48.181 where the whereabouts of the defendant(s) are unknown.

A Process Server serves legal documents to the defendant, individual, or Corporations listed on the legal documents being served. Once the documents are served, an Affidavit of Service is prepared and filed with the Court. In Florida, the process serving company also files this Affidavit with the Florida e-portal system.

In Florida, all Process Servers serving non-enforceable process must be licensed. In order to serve a Summons and Complaint you must have a valid process serving identification. This identification must be presented when serving process and also the Process Server identification number must be listed on the Affidavit of Service.
Not all states require a process server to be licensed. However, some states require that process servers be registered in their county or state, or appointed to serve in a specific county.

If an attorney has filed a lawsuit in Florida and now wants to serve a defendant in New York then the process is to contact a process server in that jurisdiction to conduct the service. Local process serving companies can assist with this process since they have worked with local process servers around the country and have vetted these process servers to be adequate.

When service of process was first established it was performed by sheriffs or deputies, and agents of the court. This became very challenging and a burden to those authorized to serve process. They realized that they alone could not handle all the services that needed to be served and this is how Private Process Serving came about.
In Florida, a Certified Process Server is either Certified by the Chief Judge or appointed by the Sheriff in that county. In Florida, the Process Servers are tested each year or have to attend a few hours of education in order to renew their licenses. In Miami-Dade County we are required to also have a yearly bond that we provide the Court. The Miami-Dade County Courthouse has a designated Director for the Process Serving Division and they are responsible for every aspect relating to licensed Process Servers in Miami-Dade County.

Other states across the country have similar programs established. Each state is separate and has their own rules on Service of Process and the appointment of Process Servers in their States.

Hiring a Legal Process Server is the first step to moving your case in the right direction. Without service of process, the case is not able to advance to the next stage. Normally, the attorney filing the case on your behalf will hire the process serving company. Process servers have the skills and experience to serve your legal documents in a timely manner and in Florida, we are either Certified by the Chief Judge or appointed by the Sheriff of that county. Process Servers are savvy with the rules and regulations governing process serving – in Florida its Chapter 48.

There are several key requirements associated with the rules of service of process. For example, when serving an individual at his place of employment we will need to serve him or her personally. Also, there are rules regulating the hours for service on a Registered Agent in Florida. In addition, in Florida, we are not allowed to serve anyone on Sunday unless the Court has entered an Order allowing this service.
If a service is not done in accordance with the proper rules– this can hinder your case from going forward or result in the dismissal of your case. Improper service may also cause undue delays which may affect court fees and attorney’s fees.

Service of Process is a term used in the United States to indicate a legal procedure requiring that each party in a case be notified if actions are taken against them in a court of law. This is considered due process and its extremely important in our legal system.

When an individual is sued he/she is referred to as a “Defendant”. Defendants are notified of actions against them or court procedures involving them through the delivery of legal documents such as summons, complaints, subpoenas, orders, motions and writs.

In Florida when a defendant is served with legal documents in State Court he/she has 20 days to respond to the Complaint. In Federal Court filings the defendant has 21 days. If no response is filed on behalf of the defendant a judgment against the defendant may be entered.