FAQ About Process Serving

Published June 15, 2021 | By Accurate Serve Ocala

What is service of process?

According to Cornell Law School, process is a collection of papers relevant to a specific court case that are to be served to the case’s defendant. These papers typically include a court summons and the plaintiff’s complaint. When process is for a witness or subject matter expert, the process is usually a summons or subpoena.

What is a process server?

A process server is an individual approved by a judge or county sheriff to deliver legal paperwork to its intended recipient. The recipient is typically a case defendant, witness, subject matter expert, or other stakeholders in the case.

What types of papers do process servers serve?

Process servers serve papers for all types of cases, including:

Divorce
Child custody
Civil lawsuits
Can’t I just send the papers in the mail?

Simply mailing the process to the defendant is not enough to satisfy the Due Process requirement in the Constitution. Process must be personally served (read: hand-delivered) to its intended recipient. In some states, in very limited situations, process can be mailed if the recipient cannot be found or waives their right to personal service.

Are process servers required in Ocala or Marion County?

Yes, you must use either the Sheriff’s office or a private Certified Process Server to legally serve process in Marion County, Ocala included. As part of Florida’s 5th Judicial Circuit, process servers certified to serve in Marion County can also serve process in Citrus, Hernando, Lake, and Sumter counties.

Who can be a process server?

The 5th Judicial Circuit sets the rules for who can be a process server as follows:

Be 18 years or older
Have no mental or legal disability
Be a permanent resident of the state of Florida

Do process servers have to be licensed or registered?

Yes, private process servers in Florida’s 5th Judicial Circuit must be certified by the court.

How do I apply to become a process server in Marion County?

If you meet the eligibility requirements above, you can apply to become a Certified Process Server in Florida’s 5th Judicial Circuit, which includes Marion County. To apply, you must:

Complete the application
Complete an approved process server seminar
Take and pass an examination about service of process laws
Submit to a background check, including criminal history
File a Certificate of Good Conduct (ensures no pending or past serious criminal behavior)
Take an Oath of Office
Execute and file a surety bond of at least $5,000

After you complete all these steps, your information will be reviewed by a board specifically designated to review process server applications. If you meet all the requirements and no objections are filed against you, you may be approved as a Certified Process Server in Florida’s 5th Judicial Circuit.

What can a process server do to find someone?

Process servers can use various means to locate their intended recipient. They may:

Go to the recipient’s residence.
Go to the recipient’s workplace.
Go to the recipient’s school.
Call the recipient.
Go to any place they believe the recipient may be found.
Use online resources such as social media.
After court approval, give the process to a third party, or publish it in the local newspaper.

What can a process server not do when serving process?

Process servers in Florida’s 5th Judicial Circuit may NOT:

Serve process in any case in which they are personally invested.
Serve process on a Sunday.
Serve process in any county not included in the 5th Judicial Circuit.
Touch the recipient’s mailbox or mail slot.
Wear a disguise or lie about who they are.
Use drugs or alcohol while serving process.
Visit the recipient’s workplace without first notifying the employer.
If the recipient is self-employed, visit the place of business outside of regular business hours.
Make threats.
Use offensive or vulgar language.
Physically contact the recipient.
Accept tips or bribes.
Be behind on their child support payments.
Avoid service of process themselves.
Do anything that a 5th Judicial Circuit judge deems negligent, malfeasant, or incompetent.

As you can see, Certified Process Servers in the 5th Judicial Circuit are held to a high standard of conduct. For the most professional Certified Process Servers in the Ocala area, including Clermont, Inverness, Spring Hill, and The Villages, trust the experts at Accurate Serve. We have the knowledge and resources necessary to serve process in your case quickly, efficiently, and discreetly if needed. We constantly monitor our servers for compliance with process server regulations, so you’ll never have to worry about improper service affecting your case. We also reduce the time spent waiting for the service of process, giving your entire firm some peace of mind. Visit www.accurateserveocala.com to find the office closest to you today!