Although being a process server in Florida comes with a stigma, serving process is a vital step in bringing a legal complaint against someone. It allows for the other party to defend him or herself during the legal proceeding. Though the concept of serving process is a simple one, there are many regulations in place to keep the rights of both parties intact, so check with your local jurisdiction.
Draft a Complaint
Using your attorney's assistance, write a formal complaint against the other party. There is a specific format for a legal complaint, which your attorney can help you with. Use appropriate language and do not omit any details, as the entire case will be based on what you write in your complaint.
Service of Process
Your formal documentation as well as a court summons must be delivered in order for service of process to be completed. If process is not correctly served, the case cannot move forward. Most jurisdictions allow any adult to serve process as long as they are not in the case. Many parties are reluctant to be served, so any adult may not be the most effective choice. A member of the sheriff's department or professional process servers are popular choices, because they tend to have a better track record. In some cases, extreme tactics are used to serve process, but they should always be legal, or there may also be a case brought against the process server.
Legal Tactics
Hand delivering service of process will ideally be a quick and easy procedure; however, many defendants know it is coming and will evade anybody trying to serve process. A process server may have to surprise the defendant by showing up at their workplace, home, or other unusual location unannounced. In some areas, service of process can also be given to an adult that lives with the defendant, but only if the intended adult is unavailable or unreachable. If the party is far away, service of process can be mailed.
Answer
The defendant now must frame his or her defense after the complaint and summons has been delivered by a process server in Florida. This party will want legal representation as well to draw up a formal answer to the complaint, and possibly even a formal complaint in order to countersue the first party. The defendant only has a short time period to form his or her answer, and all that can be done at this point is to wait.
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