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Investigative and Process Services

We Provide Statewide Summons and Subpoena Services 

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What is a Process Server and what is Proper Service? In the State of Florida  Process Servers  are individuals, appointed by the Circuit Court or by the County Sheriff to give legal notice to all parties. This notice requires the parties named to respond to a court proceeding. This notice is provided by presenting the party in question with court documents such as Summonses, Complaints, Writs, Subpoenas, etc. Every jurisdiction has their own rules regarding Service of Process. Some documents have to be served personally, while others may be served upon a person who is of a suitable age at the intended party's usual place of abode or to an authorized person or agent for service at their place of employment. There are three different types of Process Servers. Florida  has 67 Counties and each has their own Process Server requirements. These Counties are broken down into Judicial Circuits. There is no Statewide licensing program in Florida. Of the 67 Counties 38 are Court Certified Process Server Counties. This means that Process Servers  are Court appointed and each have their own requirements as to bonding and/or insurance. There are 10 Counties in which the Process Server is Sheriff Appointed  the Sheriff of those Counties appoint the Process Servers. Additionally there are 4 Counties that are both Court Certified and Sheriff Appointed Counties.  The remaining 15 Counties are what is known as Motion & Order Counties. There is no Process Server program in place in these Counties. Process Servers hoping to serve in these Counties must file a Motion for appointment with the Court. The Chief Judge will then review the Motion and then issue an Order appointing and approving the Process Server. This process is repeated for every individual  case. Service of Process is the first step in the legal system after a case has been filed. It is important that the service be performed by a Certified Process Server or a Server who has been appointed by the Sheriff or the Court. Proper Service of Process is important because the case will not proceed through the legal system until the defendant has been properly served. If service is not performed according to the State Statutes service may be quashed or thrown out. Florida Statute 48 governs the way an individual or a corporation must be served. After the completion of the service the Process Server needs to execute an Affidavit of Service which is then filed with the Court in which the case is pending. Once the defendant has been properly served, and the Affidavit of Service filed, the court will then and only then assume jurisdiction over the case. The defendant will then have 20 (Twenty) days from the day of service to answer the complaint. In the event the defendant does not answer, the plaintiff can then file for a Motion for Default.

Evidence Recovery Specialist

Investigative and Process Services

P.O. Box 8403

Port St. Lucie FL. 34985-8403

Tel-772-342-3209 - Fax-772-618-6592

ersinvestigations@gmail.com

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