What Are The Rules A Process Server Must Follow?
As a process service company serving Marion County and surrounding locations in Florida, we at Accurate Serve understand how crucial it is to adhere to the rules and regulations set forth for process servers by the state of Florida. The role of process servers is pivotal in the legal system, ensuring that legal proceedings are carried out with integrity and fairness. In this post, we will discuss some of the most critical rules that every process server must abide by in the state of Florida.
Rule #1: Follow Florida’s Laws and Regulations
Florida has specific laws and regulations for the process serving industry. All private process servers in Florida must be familiar with these laws and regulations and comply with them at all times. Part of these laws includes the requirements that all private process servers in Florida be certified by their local governing judicial circuit or pre-approved by the local sheriff or a judge. Here in Marion County, process servers must be certified by Florida’s 5th Judicial Circuit. The 5th circuit also covers Citrus, Hernando, Lake, and Sumter counties. Failure to adhere to Florida’s laws and regulations can lead to case dismissal or even criminal charges against the process server.
Rule #2: Serve Papers to the Correct Person
Serving papers to the right person is another pivotal rule for process servers. Florida law stipulates that process servers deliver papers to the person named in the legal documents at their residence or place of work. If locating the person at these places proves challenging, process servers may serve them wherever they can be found. It is crucial for the process server to positively identify the process recipient and validate the location where the process is served so this can be recorded on the proof of service.
Rule #3: Serve Papers in a Timely Manner
Florida’s law mandates that papers must be served within 120 days of the filing date in most civil cases. Failure to serve documents promptly can result in case dismissal, which could be a significant blow for the client. Hence, one of the most fundamental rules that every process server must adhere to is serving papers expeditiously.
Rule #4: Serve Papers in a Professional Manner
Process servers are expected to handle their duties professionally. This involves dressing appropriately, behaving professionally, and treating the person being served with respect while avoiding any confrontational behavior. Trespassing, entering a property without permission, communicating threats, assaulting, or committing any other crime is strictly forbidden when serving process.
Rule #5: Do Not Use Deceptive Tactics
The usage of deceptive tactics to serve legal documents is strictly forbidden. This means that lying, misrepresenting oneself, or disguising oneself to gain access to a person or property is not allowed. These deceptive tactics can lead to case dismissal, or in extreme situations, could even lead to criminal charges if a process server tries to impersonate a police officer or any public official.
Rule #6: File Proof of Service
After serving papers, process servers are required to file an affidavit of service with the court. This document acts as proof that the service took place and contains information like the time, date, and location of service. In addition to this proof of service, at Accurate Serve, we update the status of your case in our online status tracking tool, accessible 24/7 in your account on our website.
Trust Accurate Serve to Follow All the Rules
If you need reliable, professional, and timely process service, document retrieval, skip tracing, or diligent searches in Ocala, Inverness, The Villages, Clermont, or Spring Hill, Florida, please don’t hesitate to reach out to us at Accurate Serve at (352) 278-2188 or send us a work request online. If you’re outside of our service area, visit theaccurateservefranchise.com to find the location closest to you. We’re looking forward to assisting you with all your process serving needs!