Florida Motion And Order For Appointment of Process Server
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FAQ
Summary: A process server will try their best to serve you personally. However, if they can't find you, the court may grant an order for substituted service, and the lawsuit may proceed without you.
Florida Rule of Civil Procedure 1.070 (j) states that a complaint must be served upon the defendant within 120 days after the complaint is filed. If it is not served within this time frame, a motion to dismiss is appropriate and the case is dismissed without prejudice.
In the case of a defendant-owned business, the process server has two attempts to serve the owner directly. If these attempts fail, the paperwork may be left with the person who is in charge.
A Motion for Order to Show Cause asks the court for specific relief. The relief being requested can relate to many areas of family law. When a party files a Motion for Order to Show Cause, the court sets a hearing date for the parties to argue the matter before a family law judge.
Waiver of Service of Process be in writing; be addressed directly to the defendant, if an individual, or to an officer or managing or general agent of the defendant or other agent authorized by appointment or law to receive service of process; be dispatched by certified mail, return receipt requested;
When Can a Process Server Serve Another Party? Initial pleadings (summons and complaint) must be served within 120 days after the complaint is filed. Generally, documents can be served upon the intended recipient at any time. However, process servers in Florida cannot serve documents on Sunday.
Serving an Individual There are no definite laws about when a process server can serve a person in their home, but common sense dictates that service should not be attempted before 6 a.m. or after 9 p.m. at a private residence.
What is a Process Server in Florida? At least 18 years old. Has no legal or mental disability. Is a permanent resident of Florida. Submits to and passes a criminal background check. Passes a yearly exam on the rules of serving process. Takes an official oath.