What Are the Different Methods of Process Service?
Court cases come with a lot of paperwork which must be shared with all parties to the case. But how does the court keep track of who has and has not received this paperwork? That’s where process servers come in. Process servers in Florida are specially trained and certified to deliver all types of court paperwork, known as process, to different individuals and entities. Process servers have several methods they can use to deliver the paperwork, each with its own benefits and limitations. In this post, we’ll go over the methods of serving process that Florida process servers have available to them, including when each methods is acceptable.
Personal Service
Personal service is what most people think of when they think of a process server, and is the preferred service method in almost all situations. During personal service, the process server delivers the paperwork to its intended recipient in hand. This is the most effective and foolproof of all the service methods.
Substituted Service
If personal service is not possible for some reason, then substituted service may be requested. Substituted service permits the process server to give the process to another responsible person. This is often the recipient’s significant other that lives with them, an adult roommate, or even their employer. In addition to delivering the paperwork to the substituted individual in hand, the process server must also send a copy of the process via certified mail to the recipient’s last known address. Substituted service must be approved by a judge before attempting in Florida.
Service by Publication
If the process recipient cannot be located after all search methods are exhausted, such as skip tracing and diligent search, and substitute service is not possible, then service by publication may be employed. Service by publication requires the process server to publish a legal notice in the local newspaper that is run for a set period of time. Once that time is up, the recipient is considered served and the case will proceed. Just like substituted service, service by publication must be approved by a judge prior to attempting.
Electronic Service
While using electronic methods of service is still an emerging concept in Florida, it could be allowed by a judge if all other methods to notify a process recipient are unsuccessful. There are also some situations where serving certain types of businesses via electronic means, such as email, is permissible.
Certified Mail
Service via Certified Mail (a service offered by the United States Postal Service which requires identification and a signature) is commonly used in addition to the other process service methods, as it adds an extra layer of assurance that the documents made it to their intended recipient. However, it is rarely, if ever, used as the only means of communicating initial court case paperwork, such as summons and complaints. Other paperwork sent back and forth throughout the court case, such as evidence, motions, and pleadings, may be sent via certified mail only.
Work With Tampa Bay’s Premier Process Service Agency – Accurate Serve®
Working with a process server who understands all of the different process service methods, including when to use which ones, is imperative to building a solid foundation for your legal case. Whether you’re an individual filing your own lawsuit, or a legal firm that handles hundreds of cases each year, Accurate Serve of Tampa Bay is here to help. We offer top-notch legal support services, including process service, document retrieval, skip tracing, and diligent searches. To start working with Florida’s most knowledgeable process service team, call us at 863-873-6691 or send us a work request online.