In the state of Florida, there are certain laws in place to protect both landlords and tenants. These laws are written in Section 83, Part II of the Florida Statutes. There are several important laws to consider if you own rental property or if you are a tenant renting from a landlord.
As a tenant, if you do not pay your rent on time your landlord has the right to evict you from the property.
It is not a pleasant task to evict tenants who have not paid their rent. However, it is necessary. If a tenant does not pay rent or struggles each month to make the payment on time, as a property manager you are given the right to remove the tenants from the property so that you can find new people who will pay their rent in a timely fashion without any issues or difficulties.
In addition, if your property has been mistreated in any way or is found to be in an unsuitable condition, you have the grounds to evict the tenants that are living there. Continue reading
We’ve all seen that movie scene where someone is served papers by hand, and we’ve all been sort of curious about what all goes into that? Is that the only way legal papers are delivered? How else does process serving work? Let’s take an in-depth look at process serving.
The best way of serving papers is hand delivery. This is usually accomplished by the process server’s going to the recipient’s workplace or home. In a perfect situation, the recipient will accept the process service. But, some recipients are really evasive.
The recipient may not want to receive process. If the recipient is completely against getting served, it might be up to the process server to use surprise, or serve the papers in a place that the recipient is not expecting. Continue reading
What is a process service? It doesn’t sound very fun or interesting, but it can be very exciting, at least for the person serving the recipient. You never know what to expect as a process server. Your recipient could do just about anything to evade you.
Process service is the act of serving someone legal paperwork who is involved in some kind of legal proceeding. This is a crucial step in the legal process, and it allows all parties involved a chance to tell their side in a court of law. Since it is such an important part of the legal process, strict laws and guidelines, to ensure that it is carried out fairly and adequately, govern it. The exact process is different from place to place. Here is how it works, basically. Continue reading
Process servers are responsible for serving legal notices, actions, and papers to individuals who have an interest in, or are parties to, a specific court case or legal proceeding. Since these issues can be complicated and the outcome of a case can literally depend on these processes being served correctly, it is usually a good idea to have these papers served by an accredited process server. This assures that the processes are served in a timely manner and in accordance with all of the courts requirements.
A process can be anything from a subpoena to appear as a witness to an order to bring specific physical evidence to a court proceeding. If you are not exactly sure of the procedure for serving a process, you probably should not be doing it on your own. You run the risk of losing your case if the witnesses are not properly served and the evidence is not brought to court. Continue reading
One of the most difficult and frustrating issues that landlords must contend with is eviction. When tenants do not pay their rent or are not living up to the terms of their lease agreement, the landlord has the right to evict them from the premises. The correct steps for eviction must be followed according to law. There are a number of steps to be taken before hiring a process server to deliver the final eviction notice.
Step 1: The Written 3-Day Notice
The landlord, or other authorized person doing the eviction, begins the process by writing a 3-Day Notice which includes only business days that are not legal holidays or the day of service. The notice may be mailed, hand delivered, or posted on the tenant’s door. Continue reading
A process server is basically the messenger for the legal system. They are the person who “notifies individuals of their right to due process of the law.” When a person is being “served” they are being notified that they are involved in a legal dispute. Process servers are essential to the justice system. Their job ensures that people involved in legal cases are able to prepare themselves for trial and are aware of all the charges against them.
What is the History of Process Servers?
There has always been someone to carry out the task of a process server, but there have not always been process servers! The task of a process server is to “serve” people with legal documents. Continue reading
Service of Process might sound like confusing legal jargon, but it is actually fairly straightforward. Service of Process is the procedure by which a party to a lawsuit gives a notice of initial legal action to another party. While this other party is typically the defendant, they can also be the court or another administrative body. Service of Process is an effort to exercise jurisdiction over the other party to enable that party to respond to a proceeding before the court.
Where You Might Have Heard It Before!
Service of Process is not something everyone is familiar with, at least not when calling it by its official name! However, anyone who has ever seen a cop drama is probably familiar with Service of Process without even knowing it. Continue reading
Being a process server is a very important occupation to hold. The judicial system relies on you to help ensure everyone receives due process. Working as a process server you must have a professional mindset, play close attention to detail and adhere to the rules and regulations is an absolute must. Even the best of the best servers will encounter difficulties. How the situation is handled separates the amateurs from the professionals. Here are a few tips to keep in mind when confronted with a problematic defendant. Continue reading
There are good process servers and there are great process servers. Often it is the attention to details that separate the two from each other. A process server is responsible for “serving” or delivering the summons and complaint to an individual of a legal issue relating to them, civil process. Civil process is not limited to court notices it includes any legal documents in need of being served including subpoenas.
Separating the Good from the Great
A good server will get the notice served in a timely manner. A great process server understands there are restrictions on when and where notices can be delivered. It is not allowable to serve civil process on any person while they are on their way to or from church or during a religious service. A great server knows they are not allowed to be within 500 feet of the property during that timeframe. Continue reading