Process serving is a vital step in the legal process, ensuring that all parties are properly notified of their involvement in a legal case. In Florida, the rules governing process serving are strict, and any errors can result in delays, increased costs, or even the dismissal of a case. For legal professionals and individuals relying on Florida’s process servers, it’s crucial to understand the common mistakes and how to avoid them.
1. Failing to Meet Florida’s Service of Process Requirements
Florida law has specific requirements for process serving, including who can serve papers and how they must be delivered. In most cases, the server must be over 18 years old and have no involvement in the case. Additionally, Florida requires process servers to be certified by the sheriff’s office in the county where they operate or have a special process server designation. Failure to comply with these requirements can invalidate service, causing unnecessary complications.
How to Avoid: Always hire a certified process server in Sarasota who is familiar with Florida’s legal standards and local requirements.
2. Improper Timing of Service
Florida law dictates when process servers can deliver legal documents. For example, service cannot be attempted on Sundays unless expressly authorized by the court. Additionally, certain holidays or times of day may present challenges in ensuring proper and timely service.
How to Avoid: Work with a professional process server who understands and respects timing restrictions. They will ensure that service is completed within the legally mandated deadlines.
3. Insufficient Documentation
One of the most common errors in process serving is failing to provide accurate documentation of the service attempt. Florida courts require a detailed affidavit of service, including the date, time, location, and method of delivery. Missing or incorrect information can render the service invalid.
How to Avoid: Choose a process server who prioritizes thorough record-keeping and promptly provides detailed affidavits.
4. Serving the Wrong Individual
Florida process servers must ensure that documents are delivered to the correct individual or an authorized representative. Serving the wrong person can lead to delays or case dismissals.
How to Avoid: Use a process server that conducts diligent research and verification before attempting service. They will confirm the individual’s identity to prevent mistakes.
5. Ineffective Skip Tracing
In some cases, locating the individual to be served is challenging, particularly if they have moved or are intentionally avoiding service. Ineffective skip tracing can result in wasted time and effort.
How to Avoid: Work with a process serving agency in Sarasota that offers skip-tracing services. These professionals use advanced tools and databases to locate hard-to-find individuals.
6. Lack of Communication with Legal Teams
Process serving is often part of a larger legal strategy. Miscommunication between the process server and the legal team can lead to errors in timing or approach.
How to Avoid: Hire a process server who values open communication and collaboration with legal professionals. This ensures that all parties are on the same page.
Why Choose a Professional Process Server?
Hiring a local process server in Sarasota or Bradenton provides a significant advantage. They understand the dynamics of the area, the local courts, and the unique challenges of serving legal documents in this region. A reputable process serving agency will also have the resources to handle special requests, such as rush service or out-of-area cases.
Choose Accurate Serve® for Effective, Reliable Process Service
If you’re in need of process serving in Sarasota, Bradenton, or surrounding areas, don’t leave your case in the hands of amateurs. Contact Accurate Serve for expert service that ensures your documents are served to the right person, in the right place, and at the right time. Just give us a call at the office closest to you or send us a work request online to get started today.
Sarasota (941) 586-7897
Bradenton (941) 677-7208
Not located on Florida’s Cultural Coast? Visit theaccurateservefranchise.com to find your local office.
