Process Service Q&A

Process Service Q&A

• What does "service" refer to in the context of process servers?

  "Service" is the official distribution of legal documents to parties, witnesses, and other case participants.

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    Mike Weaver

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• Why must legal documents be officially served?

  Official delivery of a summons and a copy of your complaint or petition is required to initiate legal action by providing formal notice to the opposing party that a lawsuit has been filed against them. Otherwise, the court system cannot proceed with your case. After serving the opposing parties in your civil lawsuit, the process server files a return of service with the Court so that the judge knows that the service was conducted legally. In addition to serving subpoenas (orders to appear in Court or produce documents) and other legal notices, civil process servers may be required to testify in Court if there is a dispute regarding proper delivery.

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    Mike Weaver

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• Who do I contact to have my legal documents served?

  If you haven't engaged an attorney, click here for a list of Certified Civil Process Servers on the Eleventh Judicial Circuit of Florida's Chief Judge's approved list.

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    Mike Weaver

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• Does the Sheriff also do this function?

  Sometimes. Some Sheriff's Office’s offer a Civil Process Bureau to serve legal documents for comparable fees. The purpose of the Court's program is not to compete with the Sheriff's program but to aid in the service of legal documents in the numerous civil cases filed in Florida.  If you are an attorney that requires a high volume of process service, it is likely that government channels will not be able to prioritize your service.  Finding a Process Service company that specializes in your type of service would likely be a more appropriate choice.

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    Mike Weaver

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• I am filing a case for less than $5,000 in Florida. Can legal documents be delivered through certified mail with a return receipt requested?

  Yes, but only for citizens of Florida. Small claims cases are lawsuits up to $5,000 (excluding court expenses, interest, and attorney fees), and the Miami-Dade County Clerk's Office will assist you with serving papers by certified mail at no cost other than the actual cost of shipping.

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    Mike Weaver

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• How can I serve legal documents on a person or business outside my local area?

  Contact the Sheriff's Office in the county and state where the individual or company can be served. In addition, the county clerk's office may potentially be able to assist you.  You are encouraged to find a company that specializes in Process Service, especially if your legal action crosses jurisdictions.

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    Mike Weaver

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• How can I become a Court-Certified Civil Process Server?

  Capabilities - You must be a minimum of 18 years old. Have no mental or legal disability. You must be a permanent resident of Florida. Have no convictions for a felony. Have not been convicted of a misdemeanor involving moral turpitude or dishonesty in the past five years. Pass a background investigation, including, if applicable, a review of your criminal record. Pass the exam for Certified Civil Process Servers. The examination fee is $300. Receive the Oath of Office from a sitting judge. Each year, purchase and renew a $5,000 performance bond.

  Only applications submitted through the Civil Process Servers Online Portal will be accepted. Important dates are listed on the website for Civil Process Servers.

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    Mike Weaver

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• Which statutes govern Certified Civil Process Servers in Florida?

  Chapter 48 of the Florida Statutes, specifically Sections 48.25 through 48.31, constitute the "Florida Certified Process Servers Act." See Administrative Order 16-11, Florida Rules of Civil Procedure 1.070 and 1.080, and Florida Rule 7.070 on Small Claims.

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    Mike Weaver

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