Legal proceedings rely on specific procedures to ensure fairness and transparency for everyone involved. Among these procedures are service of process and skip tracing. For residents and businesses in Sarasota, Manatee, and DeSoto counties – the counties that makeup Florida’s 12th Judicial Circuit – these services are essential tools for moving legal cases forward without interruption. Let’s dive into what these services are when they’re needed, and how they’re put into action.
What is the Service of Process?
Service of process is the legal procedure of delivering court documents, such as summonses, subpoenas, or complaints, to the individuals or entities involved in a legal case. This step ensures that the recipient is formally notified of the legal action and has the opportunity to respond or submit a counterclaim if desired.
In Florida’s 12th Judicial Circuit, service of process must adhere to strict guidelines to maintain the integrity of the case. Common methods of serving process include:
- Personal Service: Delivering documents directly to the individual.
- Substitute Service: Serving another responsible adult (at least 15 years old) at the recipient’s residence.
- Service by Publication: Publishing a notice in a local newspaper when the recipient cannot be located after a diligent search.
Other methods of service may be approved by a county or circuit judge on a case-by-case basis.
When is Service of Process Required?
Service of process is required in virtually all legal proceedings, including but not limited to:
- Civil lawsuits
- Family law cases (e.g., divorce, child custody)
- Eviction proceedings
- Criminal cases
Without proper service, the court cannot proceed with a case, as doing so would infringe on the defendant’s right to due process.
What is Skip Tracing?
Skip tracing is the process of locating individuals who are difficult to find, often because they are intentionally avoiding being served or have moved without leaving a forwarding address. Professional skip tracers use a variety of tools and techniques to locate individuals, such as:
- Accessing public records
- Searching databases for addresses, employment history, and phone numbers
- Utilizing social media platforms
- Conducting interviews with neighbors, friends, or colleagues
Skip tracing is frequently paired with service of process when traditional methods of locating and serving an individual are unsuccessful.
When is Skip Tracing Necessary?
Skip tracing becomes essential in cases where:
- The recipient has moved without updating their address.
- The individual is actively avoiding service.
- Any time the process recipient’s location is unknown.
For example, individuals involved in family law disputes, such as custody battles, may relocate in an attempt to evade legal proceedings. Skip tracing helps process servers find these persons so that their cases may move forward.
How Are Service of Process & Skip Tracing Conducted?
Both process service and skip tracing require professionalism and knowledge of the legal system. Here’s how they are typically executed:
Service of Process
- Document Preparation: The legal documents are prepared and filed with the court.
- Hiring a Process Server: A certified process server in the 12th Judicial Circuit receives the documents.
- Delivery Attempt: The process server attempts to serve the recipient using personal or substitute service methods.
- Filing Proof of Service: Once the documents are served, the server completes an Affidavit of Service or Return of Service, which is filed with the court.
Skip Tracing
- Information Gathering: The skip tracer collects as much information as possible about the individual, including past addresses, employment details, and social connections.
- Database Searches: Specialized tools and databases are used to track the individual’s movements.
- Field Investigation: If necessary, the skip tracer conducts on-the-ground inquiries to locate the individual.
- Locate and Serve: Once the individual is found, the service of process is completed.
Why Hire Professionals for These Services?
Professional process servers and skip tracers bring expertise, legal knowledge, and access to advanced tools that individuals or law firms may not have. In Florida, including the 12th Judicial Circuit, certified process servers understand the local rules and regulations, ensuring that service is performed correctly and efficiently.
By hiring these professionals, you can avoid common pitfalls, such as:
- Service being invalidated due to procedural errors
- Delays caused by unsuccessful service attempts
- Wasted time and resources trying to locate individuals without proper tools
Accurate Serve® of Sarasota & Bradenton: Your Trusted Partner
At Accurate Serve® of Sarasota, we specialize in the service of process and skip tracing throughout Sarasota, Manatee, and DeSoto counties. Whether you need to locate a hard-to-find individual or ensure timely delivery of legal documents, our team has the expertise to handle the job with precision and professionalism. We pride ourselves on swift and reliable service, adherence to Florida’s legal standards, access to advanced tools and databases for skip tracing, and transparent communication and updates. To start working with us today, call us at our Sarasota or Bradenton offices, or send us a work request online.
Sarasota – (941) 586-7897
Bradenton – (941) 677-7208