|
||
|
Investigative and Process Services
We Provide Statewide Summons and Subpoena Services
 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 
|
|||||||||||
