Process servers are tasked with locating a person they have likely never met, in a location with which they may be unfamiliar. They face many obstacles in successfully serving process to its intended recipient. Five of the most common challenges process servers face are:
Evasive defendants and witnesses
It should be no surprise that defendants aren’t usually thrilled about being served. No one wants to be informed that they’re being sued or accused of a crime. Some defendants are so averse to being served that they actively evade the process server! Multiple service attempts to locate the defendant or an alternative form of service might be needed, which all adds unnecessary time and cost to the case. Continue reading
In almost all matters, a criminal complaint in Florida must be submitted to the State Attorney’s Office by a Law Enforcement Agency, or LEA. The only exceptions in which a citizen can directly present a criminal complaint to the State Attorney are:
- Violations of Florida’s Public Records Law.
- Violations of Florida’s Sunshine Law related to open government.
- Some violations involving worthless checks and drafts.
- Some violations involving truancy.
- Any other matter in which the State Attorney deems they should be the primary investigator.
A great way to ease some of the workload when handling your firm’s cases is to use a document retrieval company. Delegating document retrieval frees up your time, saves you and your client money, and gets you the information you need faster. You’ll need every minute possible to prepare for hearings or trials, so don’t spend that precious time filling out requisitions or dealing with records departments. Attorneys who use document retrieval services enjoy: Continue reading
Many people initially look at a process servicer’s prices, but this is only one factor you should look at when hiring someone. Process serving rates vary from state to state, so a good price depends on the going rate where you live. If you are trying to find the right process server, you should consider some of the following factors.
What to Look for in a Process Server
The first thing you should look for is someone in the same geographic region. If your civil litigation is in Florida, then you should find a process server in Florida. Process servers are certified in specific states, so they can’t work in another state. Plus, process servers may charge you for additional mileage if they have to drive across the country to serve a document.
Discover a Licensed Process Server
Other than the location, you should consider the process server’s knowledge and certifications. Despite how easy serving papers appear to be in movies, there are many laws surrounding how process servers can do their jobs. For the service to hold up in court, it must comply with state and national laws. A good server will be certified by their state association and the National Association of Professional Process Servers (NAPPS).
Find Someone Who Understands Service
When you pick a server, you have to be confident that they know what they’re doing for different types of process servicing. They are legally required to make two service attempts in Florida, and there are specific rules about how these attempts must be made. Before you hire someone, you should know if they are capable of handling the kind of service you need.
Consider Gas Mileage
As you review a process server’s bid, you should ask if there are any add-on costs. Sometimes, process servers will lowball the bid and then drive up the final price with mileage charges. You need to know the entire cost of process servicing before you work with a company.
If you’re looking for a way to make your upcoming criminal or civil case more complicated, just avoid the process server. When process servers cannot locate potential defendants or witnesses to serve summons and subpoenas, the entire case comes to a complete halt until either process is served or a judge approves alternative means. Not to mention there are big financial and legal risks that come along with delaying service of process, such as: Continue reading