Process service is an essential step of the legal system, ensuring that people and businesses are properly notified of legal actions against them. However, if legal documents are not served according to Florida’s strict requirements, the service may be deemed invalid. Any mistakes during the service of process can have serious legal consequences for your case. This post will explore what happens when process service is invalid in Florida and how to avoid this situation.
Understanding Valid Service of Process
Florida law requires that legal documents such as summonses, subpoenas, and complaints be delivered in a specific way to ensure the recipient has sufficient notice and time to respond. Valid service typically involves personal delivery to the person or business named in the action or delivery to another responsible adult at the same location. In some cases, when the person cannot be located, service by publication may be allowed under court approval.
Improper service can lead to a motion from the defendant to dismiss the case, which can cause delays and additional expenses, or worse, result in the dismissal of the case entirely.
Common Errors That Lead to Invalid Service
Serving the Wrong Individual
Delivering legal documents to someone other than the person or business named on the process, or an authorized agent, can invalidate the service. Even a small mistake, such as serving someone at an old address, can result in delays and the need to repeat the service.
Improper Timing
Florida law prohibits process service on Sundays or holidays, and summonses must be served within 120 days of the case being filed. If the service is completed outside of this timeframe or in violation of these rules, it will not be considered valid.
Failure to Provide Proof of Service
Process servers must complete and file a Return of Service affidavit detailing when, where, and how the documents were served. If this paperwork is not completed properly or submitted on time, the service may be challenged.
Use of Unauthorized Process Servers
All process servers in Florida must be certified or appointed by the appropriate judicial circuit, local sheriff’s office, or judge sitting in the court where the case is being heard. If a non-certified individual attempts service, the service will be deemed invalid, and the case may be dismissed.
Legal Consequences of Invalid Service
When process service is deemed invalid, the defendant can file a motion to dismiss the case based on insufficiency of service of process. If granted, the dismissal may be without prejudice, allowing the case to be refiled if the statute of limitations has not expired. However, if the statute of limitations has passed, the dismissal will be with prejudice, meaning the case cannot be refiled. This can be a devastating blow to a plaintiff who is owed large amounts of damages.
Invalid service also results in delays, additional legal fees, and scheduling setbacks for all parties involved. These issues can cause additional frustration for plaintiffs, especially when they need to re-serve documents and pay additional fees.
Best Practices to Avoid Invalid Service
Hire Certified Process Servers
Ensure that the process server is properly certified, appointed, or otherwise approved to serve in the area where the service will take place. In Port St. Lucie and the surrounding areas of the Treasure Coast, our team at Accurate Serve® knows the local regulations inside and out.
Accurate Documentation
Proper documentation is essential. A Return of Service affidavit with complete details about the service attempt must be filed with the court to confirm that the service was valid. Additionally, anything that occurs during the service attempts must be thoroughly documented should any questions arise later.
Confirm Addresses Before Service
Conduct diligent research or even do a skip trace or diligent search if the recipient’s location is uncertain. Serving the wrong individual or going to an outdated address is a common mistake that can invalidate service.
Comply with Legal Timelines
Ensure service is completed within 120 days from the filing of the case and do not serve documents on prohibited days, such as Sundays and holidays.
How Accurate Serve® of Port St. Lucie Can Help
When it comes to process service, accuracy and compliance are non-negotiable. At Accurate Serve® of Port St. Lucie, we specialize in serving documents correctly the first time, helping you avoid the headaches associated with invalid service. Whether you need documents served in PSL, Okeechobee, Vero Beach, Stuart, or other areas along the Treasure Coast, our experienced team follows Florida’s legal requirements to the letter. Contact us today at (772) 207-1544 or send us a work request online to start working with our premier process service team today!
