Rules Every Process Server Must Follow
As a process service company in Florida, we understand the importance of following the rules and regulations set forth for process servers by the state of Florida. Process serving is a crucial component of the legal system, and it is essential that all process servers follow the laws to ensure that the legal process is carried out fairly and justly. In this blog post, we will discuss some of the most important rules that every process server must follow in the state of Florida.
Rule #1: Serve Papers in a Timely Manner
One of the most critical rules that every process server must follow is serving papers in a timely manner. Florida’s law requires that process be served within 120 days of the date the case was filed for most civil cases. Failing to serve papers in a timely manner can result in the case being dismissed, which can be devastating for the client.
Rule #2: Serve Papers at the Correct Location
Another important rule that process servers must follow is serving papers at the correct location. Florida’s law requires process servers to serve papers to the person named on the legal documents at their residence or place of business. If the person cannot be found at their residence or place of business, process servers may serve them at any location where they can be found. The process server should always verify the location where they are serving the process and note this information on the proof of service.
Rule #3: Do Not Use Deceptive Tactics
Process servers are not allowed to use deceptive tactics to serve legal papers. This means that they cannot lie or misrepresent themselves to the person they are serving, nor can they disguise themselves to gain access to a person or property. Deceptive tactics can result in the case being dismissed and can even result in criminal charges if the process server attempts to impersonate a police officer or other public official.
Rule #4: Serve Papers in a Professional Manner
Process servers are expected to serve papers in a professional manner. This means that they should dress appropriately and behave in a professional manner when serving papers. They should also be respectful to the person being served and avoid any confrontational behavior. Process servers must follow all laws while serving process and may not trespass, enter into a property without permission, communicate threats, commit assault, or commit any other crime.
Rule #5: File an Affidavit of Service
After serving papers, process servers must file an affidavit of service with the court. This document serves as proof that the papers were served and includes information such as the date and time of service and the location where the papers were served. In addition to this proof of service, at Accurate Serve we also update the status of your case in our online status tracking tool, available in your account right on our website, 24/7.
Rule #6: Follow Florida’s Laws and Regulations
Florida has specific laws and regulations that govern the process serving industry. Process servers must be familiar with these laws and regulations and ensure that they are following them at all times. Part of these laws includes the requirements that all private process servers in Florida be certified by their location’s governing judicial circuit or approved in advance by the local sheriff or a local judge. Here in St. Lucie County, process servers must be certified by Florida’s 19th Judicial Circuit. Failure to follow Florida’s laws and regulations can result in the case being dismissed or even criminal charges being filed against the process server.
Port St. Lucie’s Premier Process Service Agency
Process serving is a vital part of the legal system, and it is essential that all process servers follow the rules and regulations set forth by the state of Florida so that the legal system remains just and efficient. If you need process served on Florida’s Treasure Coast, Accurate Serve is the call you need to make. We serve Port St. Lucie, Stuart, Okeechobee, Vero Beach, and surrounding areas with high-quality process service and superb customer service. Contact us at 772-236-7214 or send us a work request online to get started today.