Who Can Properly Complete Service of Process?
Service of process is an essential part of the U.S. legal system, established to ensure due process in all court proceedings by notifying people when they are required to be present in court, testify, or produce evidence in some other way. The federal government and individual states have their own sets of rules governing service of process under their jurisdictions. Here in Florida, we have one of the most strictly regulated process service industries in the country. There are clear-cut laws about who can serve process, when it may be served, how it may be served, and what happens when it is not served correctly. In this post, we’ll explore the “who” of process serving in Florida.
Sheriff vs. Private Process Server
Florida state law states that process must be served by “the sheriff of the county where the person to be served is found, except nonenforceable civil process, criminal witness subpoenas, and criminal summonses may be served by a special process server appointed by the sheriff as provided in this section or by a certified process server as provided in s. 48.27.” Here in Ocala, this means the Marion County sheriff can serve any type of process. However, for nonenforceable civil process, criminal witness subpoenas, and criminal summonses, the sheriff may appoint a private (special) process server to deliver the documents OR a certified private process server can be hired.
Process Server Certification
Florida mandates that all private process servers be appointed by the local sheriff or certified by local judicial circuit. Marion County is part of Florida’s 5th Judicial Circuit, along with Lake, Hernando, Sumter, and Citrus counties. Any private process server who wishes to work in any of these counties must seek certification from the 5th judicial circuit. If the same server wishes to work in a different county in Florida, they must first seek either appointment by that county’s sheriff or certification from the judicial circuit that governs that county. Additionally, judges are allowed to appoint private process servers to work on individual cases at their discretion. Since Florida has 67 counties, 20 judicial circuits, and thousands of judges, it’s clear why things can get confusing very quickly.
Can I Serve Process in Florida?
Probably not. Unless you are appointed by a judge or local sheriff, or certified by the local judicial circuit, you cannot serve process in the state of Florida. This includes serving process that originates in other states or countries. Anyone serving process in Florida must abide by Florida’s laws…no exceptions.
Consequences of Using an Unauthorized Process Server
Using an unauthorized process server can be devastating for your legal case. Not only will the process that was served be deemed invalid, your entire case will likely be delayed while the process is reserved. This means you’ll have to pay those process service fees again to the legitimate server, and you’re out of luck on any money paid to the unauthorized server. Additionally, in rare cases, invalid process service can give a defendant grounds to contest the service and request that the entire case be dismissed. While this is an extreme, it can happen, meaning the whole case would have to be refiled (including repaying any filing fees).
Fully Authorized Private Process Servers in Ocala
If you need process served in Florida’s 5th Judicial Circuit, Accurate Serve is your best bet. We have conveniently located offices in Ocala, Clermont, Inverness, Spring Hill, and The Villages, so we’re right here where you need us. Give us a call at 352-282-0844 or send us a work request online to get started today.