Florida Sample Letter for Summons by Publication for Defendant - Affidavit of Counsel
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FAQ
"Service by publication" means that you publish the Summons or other document in a newspaper of general circulation in the area where your spouse or partner is likely to be. For service by publication, you will have to pay the newspaper a fee to publish the document.
Answering the lawsuit can be as simple as drafting a document and writing 'admit' or 'deny' or ?without knowledge? in correlation to each numbered paragraph in the summons. Your answer to the lawsuit must address every allegation individually.
(1) As a condition precedent to service by publication, a statement shall be filed in the action executed by the plaintiff, the plaintiff's agent or attorney, setting forth substantially the matters hereafter required, which statement may be contained in a verified pleading, or in an affidavit or other sworn statement.
Note that under Florida law, service of process must be completed by the Sheriff in the county where the defendant can be located. However, a sheriff can establish a list of people designated as process servers. These individuals are certified and appointed by the Sheriff to carry out these duties.
(1) Service by Electronic Mail (?e-mail?). All documents required or permitted to be served on another party must be served by e-mail, unless the parties otherwise stipulate or this rule otherwise provides.
In Florida, service by publication should be made in a court-approved newspaper. The Notice of Action must be published for 4 consecutive weeks (28 days). Request the court to proceed in default.
(2) Proof of publication shall be made by affidavit of the owner, publisher, proprietor, editor, business manager, foreman or other officer or employee of the newspaper having knowledge of such publication.
In Florida, ing to Rule of Civil Procedure 1.070 (j), a complaint must be served on the defendant within 120 days of its filing. If it is not served within the time frame specified, a motion to dismiss is appropriate, and the case is dismissed without prejudice.
