Understanding the Rules That a Process Server Must Follow
Process servers are expected to follow the letter of the law here in Florida. Not doing so can have dire consequences for any court case. At a minimum, the case may be rescheduled until proper process service can occur. At worst, the entire case may be dismissed! Either way, your firm’s clients are not likely to understand why their case is being delayed, and your reputation as their attorney could be tarnished.
Not only could your reputation take a hit, but case expenses will also likely soar as documents must be changed and dates are delayed. The entire flow of the court case will be halted while service of process issues are ironed out.
This is why it is so important to hire a process service agency that respects and follows all of Florida’s process server laws. Here at Accurate Serve® in Ocala, Clermont, Inverness, Spring Hill, and The Villages, our process servers know all of the relevant laws related to service of process in Florida, so your case will never be affected by improper service!
5th Judicial Circuit Certification
All process servers in the 5th Judicial Circuit, which includes Citrus, Hernando, Lake, Sumter, and Marion counties, must be approved by the judicial circuit to serve process. The certification process involves:
- A detailed application review
- Payment of an application fee
- A background check
- Attending required training
- Filing an oath of good conduct
- Posting a bond
Any process server that is not certified by the 5th Judicial Circuit is not allowed to serve process in any of the counties covered by the circuit. If you use an uncertified process server by mistake, you will need to have all of the case’s process served again. This will cause costly delays, confusion, and frustration.
Certification Renewal
Each year, every process server certified by Florida’s 5th Judicial Circuit must pay a renewal fee and provide proof of a $5,000 surety bond in order to remain on the approved process servers list. At least every two years, and sometimes more frequently, the process server will be required to pass an examination proving continued knowledge of process server laws and regulations.
While Serving Process
Once a process server is certified, they will use the laws and rules they learned in training every day. In addition, process servers are expected to uphold good conduct as follows:
- Not be involved in any case in which they serve process
- Be honest
- Never be threatening or abusive
- Never trespass
- Only serve process Monday through Saturday, as serving on Sunday is prohibited
- Notify employers before attempting to serve a person at their workplace
- Never attempt to serve a business owner at their place of business outside of their normal hours of operation
- Only serve process to the named recipient in-person, unless alternative service has been approved by a judge
High-Quality Process Servers in Ocala
Process servers must always be ready for the dynamics of the process server industry to change. At Accurate Serve® of Ocala and surrounding areas, our talented team of process servers have the experience needed to get your case’s process served in full compliance with all laws. If you are located anywhere in Florida’s 5th Judicial Circuit and need reliable certified process servers, call (352) 278-2188 or submit a service request online today!