When you need important legal documents delivered in Florida, you may be wondering – do process servers work on weekends? What about holidays? How many times will they attempt service and what happens if they can’t find the person?
As a leading process server company, Legal Serve USA is here to answer all your top questions about service of process in Florida on weekends and beyond.
Who Can Serve Process in Florida?
- The sheriff serves the process in the county where the person to be served is located.
- The sheriff can appoint special process servers who meet certain requirements, such as being at least 18 years old, a Florida resident, passing a background check and exam, and taking an oath.
- Special process servers get a badge from the sheriff and can have their appointment revoked at any time.
Methods of Service
1. Personal Service
- The most common method where the process server hand-delivers the documents to the named party.
- For individuals, papers can be served at their home or in public.
- For businesses, after two failed attempts during business hours, papers can be left with the manager on duty.
2. Substituted Service
- Allowed in limited circumstances when the named party can’t be reached.
- Papers can be left with anyone age 15+ who also lives at the served person’s residence.
- A spouse may be served if they live with the named party, unless it’s an adversarial case between spouses.
3. Service by Mail or Publication
- Allowed by court order when diligent attempts at personal service fail.
- Papers may be served by certified mail or published in a newspaper.
Do Process Servers Work on Weekends in Florida?
The short answer is yes, process servers in Florida can serve legal documents on Saturdays. However, under Florida Statute 48.20, service of process is prohibited on Sundays. Attempting service on a Sunday would make the service void and could make the process server liable for damages. The only exception is if a judge authorizes Sunday service in very rare circumstances.
So, in general, process servers have a lot of flexibility to serve papers on weekends, as long as it’s not a Sunday. This allows them to reach people when they are most likely to be home. Process servers will use their discretion to attempt service at reasonable times, typically not before 6am or after 9pm at a residence.
Can Process Servers Deliver Documents on Holidays?
Similar to weekends, there are no restrictions against process servers in Florida working on holidays. While most prefer not to interrupt someone’s holiday celebrations, it may be necessary if the person has been particularly hard to locate. Avoiding service does not stop the legal process from moving forward.
How Many Times Will a Process Server Attempt Service in Florida?
Process servers in Florida will make multiple attempts to serve legal documents in order to meet the state’s diligence requirements. The exact number of attempts may vary, but at Legal Serve USA, our standard service includes 3 delivery attempts.
The process server will try on different days and times to catch the person at home. They can conduct “stakeouts” and wait outside the person’s home or other known locations.
If those attempts are unsuccessful, the process server will document their efforts and any evidence that the person resides at that address. This “diligence” is important for meeting service requirements and potentially seeking court approval for alternative methods of service.
What Hours Can a Process Server Serve You in Florida?
For serving an individual at their home, process servers will generally attempt service between 6am-9pm.
For service at a person’s workplace, they can go during the individual’s working hours, but must first notify the employer, who must designate a private area for the papers to be served.
If serving a business, partnership, or LLC, process servers can deliver documents during the posted business hours at the company’s main office or headquarters.
If service to the owners is unsuccessful after two attempts during business hours, the process server can leave the documents with the manager or supervisor on duty instead.
What Happens If a Process Server Can’t Find You in Florida?
If a process server is unable to personally deliver legal documents after multiple attempts, there are a few potential outcomes:
- The court may allow alternative service, such as serving someone else at the residence or workplace, or service by mail or publication.
- If the person appears to be intentionally evading service, the process server can document their efforts to demonstrate the person is actively avoiding the legal process.
- In some cases, the court may allow the documents to be served on the Secretary of State as an agent of a business entity or LLC if the process server is unable to reach any representatives.
Ultimately, avoiding service does not make a lawsuit go away. The court can proceed with a default judgment against someone who fails to respond to properly served documents. Working with an experienced process server who understands Florida’s rules is the best way to ensure prompt and legally valid service.
Can Someone Else Accept Served Papers in Florida?
In most cases, Florida law requires legal documents to be delivered directly to the named party. However, there are a few exceptions that allow “substituted service” on someone else:
- For service at a residence, if the named party is not home, the process server can leave the documents with anyone age 15 or older who also lives at that address.
- If serving a business, and service on the owners is unsuccessful after two attempts during posted business hours, the process server can leave the documents with the manager or supervisor on duty.
- In some cases, such as an out-of-state driver involved in a car accident, the process server may be able to serve the other driver’s spouse if they live together and the spouse is not an opposing party in the case.
Substituted service is only allowed in limited circumstances, so it’s important to work with process servers who understand Florida’s requirements and can ensure service is completed properly.
Trust Legal Serve USA With Service of Process in Florida
At Legal Serve USA, we provide fast, reliable, and accurate service of process across Florida. Our experienced process servers work weekends, evenings and holidays to deliver your important documents. We understand Florida’s unique service of process rules and always operate in compliance with state laws and procedures.
When you need service of process in Florida, trust Legal Serve USA to get the job done right. With our proven process, reasonable rates, and dedicated team, you can feel confident your documents will be served promptly and professionally. Contact us today at (888) 575-3553 to get started.
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