Port St. Lucie (772) 236-7214
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Vero Beach (772) 618-4690

Are Process Servers Permitted To Conceal Their Identity?

Many people’s idea of a process server comes from Hollywood. In the movies, process servers are dressed up in pizza delivery driver uniforms, serving unsuspecting defendants with a large box of lawsuits before exclaiming “You’ve been served!” and scampering away. In real life, this is not how it goes.

Process Servers are Not Allowed to Lie About Who They Are

In the state of Florida, process servers are held to high ethical standards. Ethical misdeeds, even in a server’s personal life, can lead to banishment from the serving process in the state. Florida courts take this very seriously and will not hesitate to punish a process server who violates state laws. Continue reading

How to Serve Someone Who is Avoiding Service

While many process recipients are easy to locate and serve, there are always some who avoid being served. People avoid process servers for various reasons, including not wanting to accept the reason they are being taken to court, not having money for an attorney, or simply not wanting to take the time to handle the issue.

So what should a process server do when trying to serve someone who doesn’t want to be found? Here are our top tips for locating evasive process recipients:

Do Your Research

If your client doesn’t give you enough information to locate the intended process recipient, or target, it’s time to put your research cap on. The easiest way to do research these days is online. Many states, counties, and cities publish public records online in easily searchable formats. Dig through online tax bills, property records, business registrations, news articles, social media sites, and more to find out as much as possible about the person you are trying to find. Save all relevant information in a dedicated place, such as a binder, notebook, or online document. Once you’re finished with your research, go back and review all the information you’ve gathered to get some good ideas on where to look for the target. Continue reading

What Happens If a Process Server Can’t Serve You?

You might think that if you avoid the process server for long enough, the legal case itself will just disappear. As nice as that may sound, it is absolutely delusional. Once a court case is filed against you, there is no magic action that will make it go away.

If you’ve ever wondered exactly what could happen if you continue to avoid a process server, this post is for you. We’ll go over the most common things that happen to defendants who try to avoid their cases.

Delays

You will definitely cause some delays if you choose to avoid the process server. Your court date may need to be rescheduled several times, which isn’t going to put you in the judge’s good graces. Continue reading

Are Process Servers Essential in the Legal Process?

We are often asked why a person filing a lawsuit cannot just serve the court documents to the defendant(s) themselves. Quite simply put, this is prohibited by Florida law. But why exactly does the state of Florida require process servers to be certified, approved, and/or appointed by a judge? It’s all about the underlying constitutional right that process servers uphold.

What Do Process Servers Do?

Process servers are a lot more important than most people think. While they only deliver documents at face value, it’s the contents of those documents that make process servers so essential. The court process typically informs a defendant of a pending legal matter against them or that they are requested to provide information for. The process contains the details of the claims along with the upcoming court date, time, and location. Continue reading

How Long Does a Process Server Have to Serve Papers

In the state of Florida, when you file a legal complaint against another party with the Clerk of Court, the clock starts ticking. It is now the plaintiff’s responsibility to make sure the parties named in the complaint and resulting court summons are properly notified. Florida requires that this notification be done by a law enforcement officer or certified third-party process server.

Timelines

Summons & Complaints

From the date of filing, the plaintiff has 120 days (approximately 4 months) to serve the named defendant(s) with the summons and complaint. Refer to Florida’s state laws governing process servers for all the rules about how process may be served (there’s a lot!). Continue reading

What Happens If a Process Server Can’t Serve You?

The majority of process recipients are pretty easy to find, but from time to time, a recipient is incredibly difficult to find. When this happens, process servers turn up the heat and employ all of their resources to track down the process recipient. But what happens if you still cannot locate the process’ intended recipient after you’ve searched everywhere? In this post, we’ll cover how thorough process servers are expected to be and options when a process recipient cannot be found.

Diligence is Key

Process servers are responsible for delivering court documents to the appropriate individuals, so it’s important that they’re diligent in their work. If they can’t serve someone, they must take steps to ensure that the individual is made aware of the documents. Continue reading

Common Challenges Process Servers Face

Serving process here in Florida can be pretty challenging. Process servers face many obstacles when attempting to perform this basic legal function, some of which can be quite difficult to overcome. Some of the most common challenges process servers face while working include:

People Who Don’t Want to be Found

No one enjoys a visit from a process server. At best, you’re being called as a witness. At worst, you’re being sued. Either way, frustration is in your future. Some people deal with this impending stress by avoiding the process server. This is always a mistake and never actually results in them not having to appear in court. In fact, it could land them in jail…but that doesn’t stop people from trying. The extra time and effort that must be spent to try to locate people who don’t want to be found is by far a process server’s #1 challenge. Continue reading

Legal Process After Filing a Lawsuit

So you’ve filed a small claim or civil lawsuit in St. Lucie County…now what? What are the next steps you need to know in order to be sure you get your day in court? In this post, we’ll discuss the legal process after filing a civil lawsuit here on the Treasure Coast.

Once your small claims or a civil lawsuit is filed with the St. Lucie County Clerk of Court, the following steps must be taken by the plaintiff (the one who filed the lawsuit): Continue reading

April Newsletter 2022

Message from the Founder

We have great news in the process serving world in regards to service of process originating from the great state of Michigan.  The Governor signed Senate Bill 244 into law on March 23, 2022.  The law will go into effect 180 days from that date, so September 20, 2022.

What does the Bill say and what changes will take place? The main change in this Bill is the change of the current requirement of needing Affidavits of Service to only requiring a written Statement of Service, or a Return of Service that does not need to be notarized. A Return of Service is without notary and an Affidavit of Service has a notary block on it.

If you are an Attorney in Michigan, this article is a Heads Up for you. If you start seeing Returns of Service for MI cases now, that is not good. But, if you start seeing them closer to the end of the year, just know that it is proper at that point (after 9-20-22).

The entire Bill is attached for your viewing pleasure.

Beau Charlet
https://www.theaccurateservefranchise.com/

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FRANCHISEE: PLANTATION

Bring on the sunshine! Spring is here and as it does every year it brings a change of seasons. Out with the old and in with the new for 2022! This year Accurate Serve® Plantation has a big change to share as well. There has been a change in ownership and management for the Plantation office. Moving forward, when you reach out to our Plantation office you will be greeted by myself and my team. I personally have over 8 years of experience in the industry and operating Accurate Serve® Offices. My team oversees offices throughout Fort Myers, Port St. Lucie, Dallas and Houston and I am excited to extend our customer services into the Miami area.

There will be no changes to the way that you send us work. You can email the documents for service to serve@accurateserveplantation.com or submit the work through our websites ‘send work’ tab here www.accurateserveplantation.com/sendwork

What you can expect moving forward is, friendly and professional customer service, timely responses to emails/phone calls and updates on jobs. Quick turnaround on signed returns/affidavits.

Accurate Serve® Plantation is revamped for the 2022 year and I am excited to work with our current and new clients down the road. My office is here for any of your processing serving needs, no matter the location of service you can email us the documents. My team will always confirm receipt of your emails and we will keep you updated on our progress for each job.

If you are a current customer, THANK YOU! Your business is greatly appreciated and I have enjoyed meeting you through phone and email conversations. If you have used our services in the past, please contact us the next time you are in need of service in order to meet our new team. I look forward to assisting Attorneys and Paralegals alike with your process serving needs and earning your business.

Thank you,

Brandon Muscato
Need our help?
Call (954) 770-9997

or
Email serve@accurateserveplantation.com

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QUICK TIDBIT!
Did you know that FL courts started e-filing on 4-1-13?  That was close to 9 years ago. Before e-filing, we would walk stacks of cases into the Clerk’s office and let them stamp and file everything with hard copies. Those sure were different times.
Word of the Month: Intersperse – to insert or place at intervals
M A R C H
3/13 – Daylight Savings Time
3/17 – Happy St. Patricks Day!
3/20 – First Day of Spring
Office Anniversaries
Tampa, FL
February 2022 Job Statistics

February 2022 Job Count – 4,045
Average Number of Days from Receiving Paper to Paper Being Served* – 6.04

*This includes jobs that may be on hold or waiting for new info. There is no way to take those jobs out of the calculation. So, if a job is placed on hold for 2 weeks, that’s 14 days on that job which factors in to this average. So, we’re even better than what the eyes see, LOL. Some papers get served same day, some next day and some take multiple attempts/addresses to effect service. All we do all day and every day is serve papers. We’re good at it and we love what we do. Thank you for allowing us the opportunity to continue to serve your papers.

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Tips to Avoid Process Server Scams

Process serving is an essential function of the legal system, so it may come as a surprise to learn that there are many scams out there involving fraudulent servers. These disreputable servers advertise cut-rate service prices, then often take their victims’ money and run. If they do attempt to serve the case process, any work they do is invalid since they don’t meet the requirements to be a process server in Florida.

Protect yourself from process server scams by thoroughly vetting all servers you are planning to hire with the following three checks: Continue reading

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