There are many misconceptions that surround the work of process servers, leading to confusion about what they are and are not allowed to do. At Accurate Serve® of Tallahassee, serving the capital city and surrounding areas, we aim to clarify some of the top myths about process serving in Florida. Debunking these myths can help our clients, defendants, and all legal professionals navigate Florida’s legal system more effectively.
Myth #1: Process Servers Can Serve Documents Anywhere, Anytime
Fact: While process servers do have some flexibility, Florida law sets limits on when and where documents can be served. For example, service on Sundays is generally prohibited, unless specifically authorized by a judge. In addition, process servers must respect private property laws. They cannot trespass to serve someone, nor can they enter a home without permission. However, public places and places of business are fair game, and experienced process servers know how to legally and discreetly serve documents even when a defendant tries to avoid them.
Myth #2: Process Servers Can Pretend to Be Someone Else
Fact: Florida’s strict process serving laws prohibit deception or impersonation. A process server cannot misrepresent their identity, such as posing as a delivery driver or utility worker, to gain access to a recipient. Doing so will cause the service to be deemed invalid and open the server to legal consequences.
Myth #3: Service by Mail is Just as Good as Personal Service
Fact: While some cases allow for service by mail, personal service is often required to be attempted first by Florida law. Service by mail is only valid in limited circumstances and typically must be approved by the court first. For important legal actions, in-person delivery ensures that the recipient has truly received the documents and cannot later claim otherwise.
Myth #4: If Someone Refuses the Documents, They Cannot Be Served
Fact: A defendant cannot avoid service by refusing to accept the documents. In Florida, as long as the process server identifies the recipient and makes them aware that they are being served, the documents can be left at their feet or nearby. The recipient’s refusal to accept the documents does not invalidate the service.
Myth #5: Process Servers Can Only Serve at Someone’s Home
Fact: Process servers can serve individuals at many locations, including their workplace, a public space, or even a relative’s home – wherever the individual can be found. If personal service at home isn’t possible, substitute service is often allowed, where documents are left with another responsible adult at the residence. In Florida, that person only needs to be 15 years old or older to receive substitute service. Additionally, if a defendant is evading service, courts may authorize alternative methods such as service by publication.
Myth #6: Only Sheriffs Can Serve Legal Documents
Fact: While local sheriffs are authorized to serve documents in Florida, private process servers play an equally important role. In fact, hiring a certified private process server is often more efficient. Sheriffs typically have many duties, making it difficult for them to prioritize process service.
Myth #7: Process Servers Can Use Aggressive Tactics
Fact: Aggressive or threatening behavior by a process server is strictly prohibited by law. Process servers are trained to remain calm, respectful, and professional, even in difficult situations. If a situation becomes unsafe, the server will leave and attempt service at another time or involve law enforcement if necessary.
Myth #8: Being Served Automatically Means You Are Being Sued
Fact: While process service is often associated with lawsuits, servers deliver a variety of legal documents beyond summonses and complaints. These include subpoenas, eviction notices, family court orders, and foreclosure notices. Being served doesn’t always mean someone is being sued – it could simply mean they need to appear as a witness or comply with a court order.
Myth #9: Once Served, There’s Nothing Else to Do
Fact: Being served is just the beginning of the legal process. Recipients are expected to respond within a specific timeframe, often 20 to 30 days, depending on the type of document. Ignoring a summons or subpoena can result in default judgments against you or other legal consequences.
Contact Accurate Serve® of Tallahassee Today
If you need reliable process service in Tallahassee or the surrounding areas, contact us today at (850) 519-5494 or send us a work request online. We’re committed to providing accurate, compliant, and professional process service, along with document retrieval, skip tracing, and diligent searches, to help your case move forward smoothly.
