Order Process Service now!

Service of process is the procedure by which a party to a lawsuit  gives an appropriate notice of initial legal action to another party,  court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunal. 

Notice is furnished by delivering a set of court documents (called "process") to the person to be served. This is typically in the form of a Summons.

Can I refuse to accept documents from a Process Server or Depyty sheriff?

No. The law provides that to provide false information to a Florida Process Server or Deputy Sheriff during their duties is a violation of Florida law. 

Under Florida Statutes Chapter 843.01, It is an obstruction of justice to interfere with a Process Server during the course of his or her duties, which if it involves violence, is a third-degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Obstruction without violence under Florida Statutes Chapter 843.02, is a first-degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083.

If a Process Server or Sheriff Deputy comes to your business to serve someone who is in your employ, you CANNOT interfere, or deny access to that employee in the State of Florida. If you do, you will be charged with a crime:

48.031 Service of process generally; service of witness subpoenas.—

(1)(a) …  (b) An  employer, when contacted by an individual authorized to serve process,  shall allow the authorized individual to serve an employee in a private  area designated by the employer. An employer who fails to comply with  this paragraph commits a noncriminal violation, punishable by a fine of  up to $1,000. 

I have been served, now what?

When you are given legal documents by a Certified or Special Process Server, or a Deputy Sheriff in the State of Florida, it is important you read and respond to them. 

Different types of documents have different time limits for you to respond, and understanding what you have been given is vital to understanding your rights under law.

For instance, a Summons and Complaint, which is usually served at the beginning of a case to establish jurisdiction and the basis for the case, has a time limit for you to file a written answer to the court. In Florida this is normally twenty (20) days from the day you are given this paperwork by the Process Server or Sheriff Deputy. Failure to answer a Summons means the court can find that the Plaintiff which filed the case against you, is granted a judgement against you by default, since you elected not to defend your case in the court. This could mean a money judgement is entered against you, or other judgment, which may be enforced by the court in the form of property seizure, garnishment of wages, bank accounts, tax returns, or liens against real property.

A subpoena, an order to appear, order to produce, or other court issued document which has a specific date to appear, or a deadline to produce documents to the court, or to another party in a case, carries with it the ability for the court to find you in contempt if you do not do what the paperwork says to do, by the deadline on the paperwork. This can mean arrest and imprisonment, fine, or both. DO NOT IGNORE THIS PAPERWORK!

If you have any questions, in regards to any paperwork you have been served, you must hire a lawyer. Neither Process Servers, Sheriff Deputy, or Court personnel can advise you, legally or otherwise, on what to do..

 In the state of Florida, Witness fees must be paid to any witness subpoenaed in a 

For witnesses outside the county:  $5 plus 6 cents per mile for ACTUAL distance traveled TO and FROM the court.

For witnesses inside the county:  Flat fee of $7.50 

Florida Statutes § 92.142 (click to read the full statute)

Further information:  A  witness in a criminal case required to appear in a county other than  the county of his or her residence and residing more than 50 miles from  the location of the trial shall be entitled to per diem and travel  expenses at the same rate provided for state employees under s. 112.061, in lieu of any other witness fee.