Process Servers and Court Papers
When someone initiates a case in Florida court, they must inform the individual or entity that they are filing against. However, they cannot just inform this other party in passing; they must distribute a copy of the papers filed with the court.
Additionally, the court will also require proof that the other party received their papers as well. This is what the law refers to as “Service of Process.”
The first court paper that most file is called a complaint or petition. When these papers are filed, the filing individual will receive a court document called a summons. The document outlines a date and time for the targeted individual to appear in court.
Filing individuals must serve a civil complaint in Coral Gables on the other person. If they file any paperwork after 60 days after the initial filing, they must serve the person again in the same way as the complaint and summons.
Consequently, a filer may also not serve papers in their case. A sheriff or a professional process server must serve this other individual. For this reason, our team from Lightning Legal Couriers & Process Servers are outlining some information on serving civil complaints, and the role of professional servers.
Information on Process Servers
Process servers are certified professionals who dedicate their careers to serving documents for a fee. Filers can find process servers in the local phone book, as well as on listings on the internet.
Filers wield 120 days from the date of the filing of their paperwork to serve a civil complaint in Coral Gables. If they need more time, they can ask the courts. Unfortunately, granted time in these instances is not guaranteed.
Process servers have unique skills and training that they attain throughout their careers. They may employ techniques called skip tracing to track down individuals and accomplish the serve.
In some scenarios, defendants and other parties to a case may do anything they can to remain unfound by process servers and court officials. This is where a professional, skilled server can come in handy.
Servers specialize in difficult serves, as well as remain knowledgeable on the laws and specific operation procedures in their operative jurisdictions. This enables them to operate within the law, ensuring swift, efficient legal service.
Without proper service, this can create delays in a case. Judges may even dismiss a case entirely due to improper service of process. For this reason, seeking out a licensed, experienced, and skilled process server remains crucial to a positive outcome.
Affidavits of Service
Even in instances where a process server can serve a civil complaint in Coral Gables in an easy fashion, they must offer proof of service that papers were served timely and accurately.
This is a legal receipt confirming document delivery from one party to another in any legal matter. It additionally represents sworn testimony from a server that they served the papers to a receiving party. The court can rely on this as evidence should a defendant say otherwise.
Without proof of service, a target could say they never received papers. This cultivates a situation where evidence essentially becomes the server’s word against the target. An affidavit of service alleviates this scenario, enabling the most efficient case resolution possible.
Affidavits of service will include the time and date, as well as the manner of service. It additionally contains the target’s identity and other pertinent details about the service. This is the best possible method to ensure a party cannot deny having received the documents related to the case.
Information on Serving Civil Complaints from Lightning Legal Couriers & Process Servers
In any legal action, involved parties, especially the initiator, remain under specific time constraints. Swift and efficient execution and resolution remain crucial. Some may rely on a local sheriff or another court official to serve their documents.
While this isn’t inherently a bad idea, these legal professionals must divide their time between numerous other duties, in addition to serving papers. Professional servers dedicate their time and efforts to the best interests of the law, as well as the progression of a case.
For this reason, professional, licensed servers remain the preeminent option to serve a civil complaint in Coral Gables. To learn more about the swift, efficient service that our team from Lightning Legal Couriers & Process Servers can offer, as well as the process for serving civil complaints, contact our dedicated and professional team today!
“Florida Courts.” https://www.flcourts.org/. Accessed 31 Dec. 2019.
“Service of Process | Wex | US Law | LII / Legal Information ….” https://www.law.cornell.edu/wex/service_of_process. Accessed 31 Dec. 2019.
“What Is a Summons? – HG.org.” https://www.hg.org/legal-articles/what-is-a-summons-34255. Accessed 31 Dec. 2019.
“What Is An Affidavit of Service | NAPPS.” https://napps.org/faq/affidavit-of-service.aspx. Accessed 31 Dec. 2019.