Service of process is the task of formally delivering legal documents to a person or organization. The process server will attempt to deliver the documents to the individual or organization named on the documents if possible. If after several attempts the process is not successfully served, then process servers may resort to leaving the documents with another adult on the premises, or serving by publication in a local newspaper.
Multiple Service Attempts
If the process server cannot find you on the first service attempt, they will make several more attempts before requesting permission from a judge to serve you by substitution or publication. How many service attempts a process server makes is dependent on several variables, including:
- The server’s own rules about the number of service attempts
- The amount of time left before the court date
- Any extenuating circumstances
Is There a Maximum Number of Service Attempts?
No, here in Florida, process servers can attempt to serve you at your home an unlimited number of times. However, most process servers limit themselves to just three attempts.
Alternative Service
If the process server has visited your home several times, along with any other locations you frequent, and still has not found you, then they will request permission for an alternative service. Alternative service is most commonly done by substitution or publication. In-Service by Substitution, another competent adult at your primary residence is served in your stead. In-Service by Publication, an announcement about the issue is posted in your local newspaper for several weeks. In both of these alternative service methods, copies of the official process must also be mailed to you at your primary residence.
Process Servers in Tallahassee
For more information about the serving process in the Tallahassee area, contact us at (850) 519-5494 or visit our blog.