There are some myths about serving legal papers that travel among most circles where real knowledge of the industry is lacking. The truth of the matter is that all of the rules and regulations surrounding service of process is very complex and easy to misunderstand. Here are some of the most common misconceptions about serving legal papers in Florida.
Myth: Legal papers must be put directly into the target’s hand.
This is very untrue, especially right now. A lot of people are doing no-contact service, where the legal papers are left in an easily accessible place after verifying identity of the intended party. That also means that if someone refuses to open their screen door to take the papers, you can leave them in a prominent place rather than waiting. It is still considered valid service.
Myth: Your case can’t move forward without legal service of process.
While this is fundamentally basic, it isn’t technically true. Due process requires every US citizen the opportunity to learn of legal action taken against them and given the opportunity to defend themselves. This is the purpose of serving legal papers in the first place. But there are alternatives. The judge can allow you to leave it easily found at their residence, serve by certified mail to residence or business, or by publication to newspapers.
Myth: No one can be sued if they can’t be found
This is completely untrue. Regardless of the type of civil case, it can definitely be decided with or without your participation. If you have someone served and they run or avoid service, it is their choice to allow the legal action to proceed by default.
If you are having difficulty getting someone served in your case, contact us today for assistance.
