Service of Process Flashcards
What are the valid means of personal Service in FLorida?
Hand delivery to the D, Hand delivery to the D usual place of abode, by leaving the summons and complaint with a person over 15 who resides there and informing the person of the process contents, or leaving it at this house with a 15 or above person without informing them when they have evaded service.
How do you serve a plaintiff by mail in Florida?
You must provide a Written dated notice of the complaint identifying the court it was filed in and sent via certified mail, return receipt requested. It must also tell the D of the consequences if they fail to comply. You also put a written request for a waiver of personal service in there and a prepaid envelope so they can reply.
How long do people get to compy with service by mail?
They get 20 days from the receipt of the notice to return the waiver. Or 30 days if they live outside the US.
What happens when a D does not reply on time by mail for service of process?
They can be charged with the cost of service in person unless they have good cause.
How long do you have to reply to a complaint when it has been served by mail and you have returned the waiver?
60 days.
How do you serve D who are not in Florida (businesses, ,Fgn Corporations, Florida residents who have moved)
The Secretary of State can take the service for them.
Who generally takes service for a business?
President, VP, or other head of the corporation may receive service. Otherwise, Cashier, treasurer, secretary or general manager when they are absent. Or their registered agent.
How long do you have to serve the initial process and initial pleading (complaint) on a D.
120 days.
What happens when you don’t serve the initial process and initial pleading (complaint) on a D in time?
The action can be dismissed without prejudice or the defendant can be dropped as a party. Unless the P can show good cause why they have not been able to comply.
Who may serve process in FL?
Ct can appoint any competent person who is not interested in the action. Generally, County Sherrif, Sheriff Appointed Servers, Special PRocess servers, a judge appointed servers.
How is a person claiming Medical Malpractice to serve Doctors in Florida?
They get a pre-suit screening which means they get a service of a letter that describes your intent to initiate litigation via certified mail, return receipt requested. Then they have 90 days to think about it and reply before you can even file a lawsuit!
When is service by email complete?
On the date, it is sent.
What should the subject line of an email service say?
Service of Court Document.
What does the body of an email service include?
The court, case number, name of the parties, the title of each document served and the sender’s name and telephone number.
