Process Servers and Civil Complaints
If you initiate a case with a court or choose to sue someone in a lawsuit, the law requires that you notify the other persons or entity that you file against. However, you cannot simply notify the other involved party in passing. You must provide the other party with a copy of any documentation you filed with the court. Similarly, the court will additionally require proof that this other party received the documents as well. This is what we call service of process.
The court does not wield the burden of responsibility for accomplishing service. As a plaintiff in a case, you remain responsible for upholding due process of the law, and ensuring the other party receives the papers. Without following the court’s rules and Florida law for service of process, this can create delays in a case, even potentially risking a judge throwing a case out entirely.
The first paper you will likely file in a case is a petition or civil complaint. Upon filing the complaint, the court will provide you with a form called a court summons. This document outlines times and dates for a subject to appear in court. You must serve this paperwork on the other involved party.
Additionally, if you choose to delay this procedure and file more paperwork over 60 days after the case ends, you must start this process anew all over again.
In these scenarios, time remains of the essence, and professional intervention is crucial. For this reason, our team from Lightning Legal Couriers & Process servers want to outline some information on the benefits of a process server to serve a civil complaint in Miami. Read on to learn more.
How to Serve a Civil Complaint in Miami with a Process Serving Professional
If you are suing another individual, you must serve papers to them. In scenarios where you sue more than one individual, you must serve a civil complaint in Miami on each individual named in the complaint.
The other party may receive personal service almost anywhere. Some servers will serve papers at work or on the street when they cannot find the subject at their home. However, process servers cannot serve individuals traveling to or from the court.
Unfortunately, involved parties to a case cannot serve papers on another party. Sheriffs, court officials, and licensed process servers must legally serve papers on a subject operating within the imposed laws and regulations under Florida law.
Process servers reflect certified professionals who serve documents as a part of their business. They additionally deploy specialized techniques called skip tracing to track down individuals in situations where they cannot initially locate the target to complete the serve.
They acquire this knowledge and experience over the course of their career, relying on techniques like surveillance and social media monitoring to track down difficult serves. Similar to private investigation, these special methods make process servers the ideal solution in most legal actions.
If a court date arrives and you cannot locate an individual to serve papers, you must provide the court with all the ways you attempted to serve the respondent. Process servers may provide a document called an affidavit of due diligence to outline their efforts.
The Importance of Professional Process Servers with Legal Actions
Improper service of process can create unwanted delays in any legal action. A judge may choose to move a court action to a later date until the situation becomes resolved. However, it can pose serious detriments in some scenarios as a judge may dismiss a case entirely.
When engaging in any legal action, a swift and efficient resolution is crucially important. While some plaintiffs may rely on services from a local sheriff or another court officer, a process server remains the preeminent solution for a variety of distinct reasons.
Process servers commit to acting professionally on behalf of the best interests of their clients.
For this reason, they engage in the task almost immediately to serve papers on a subject. Additionally, when they accomplish the serve, they will provide you with an affidavit of service.
This document outlines how, where, and when they served a subject.
The courts require this proof of service to outline the accuracy and efficiency of a serve. When you need to serve a civil complaint in Miami, you need to enlist professional expertise from a certified process server.
To learn more about what a professional server like our team from Lightning Legal Couriers & Process Servers can do for you, contact us today!
- “Service of Process – LawShelf Educational Media.” https://lawshelf.com/courseware/entry/service-of-process. Accessed 18 Nov. 2019.
- “1.070 Process – Florida Rules of Civil Procedure.” https://www.floridacivpro.com/rules-1-010-to-1-250/1-070-process/. Accessed 18 Nov. 2019.
- “Instructions for Florida Family Law Rules of Procedure Form ….” https://www.flcourts.org/content/download/403082/3456826/12-910a.pdf. Accessed 18 Nov. 2019.
- “How Is Skip Tracing Performed? – Blog: Civil Processing ….” https://www.samedayprocess.com/blog/How-Is-Skip-Tracing-Performed_AE17.html. Accessed 18 Nov. 2019.
- “Due Diligence and Not Found Affidavits – Private Process and ….” https://www.acefla.com/due-diligence-and-not-found-affidavits.html. Accessed 18 Nov. 2019.