[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, Zip Code] Re: Request to Issue Summons by Publication Dear [Recipient's Name], I hope this letter finds you well. I am writing to request the issuance of a summons by publication in relation to a legal matter I am currently pursuing in the state of Florida. As per the applicable Florida Rules of Civil Procedure (Rule [insert relevant rule number]), I have exhausted all reasonable means to personally serve the defendant(s) named in my lawsuit. I have made diligent efforts to locate and serve the defendant(s) with the necessary legal documents, including hiring a professional process server, conducting online searches, and reaching out to known acquaintances of the defendant(s). Despite my best efforts, I have been unable to locate them, and it is essential that I proceed with the legal action in a timely manner. In accordance with the aforementioned rules, I respectfully request your approval to publish a summons by publication in a newspaper of general circulation within [insert county or district where the lawsuit is filed] once a week for four consecutive weeks. This method of service will give the defendant(s) legal notice of the pending lawsuit. Moreover, the content of the summons should adhere to the statutory requirements set forth by the state of Florida. It should include the following information: 1. Title: "Summons" or "Notice of Suit" 2. Caption: The full name of the court, case number, and parties involved 3. Statement: Clearly state that the defendant(s) is being sued and include a brief summary of the complaint's nature 4. Time Limit: Specify the time within which the defendant(s) should respond to the lawsuit (typically 20-30 days from the last publication) 5. Contact Details: Provide the address and telephone number of the clerk of the court where a copy of the complaint can be obtained 6. Effects of Non-Response: Inform the defendant(s) that their failure to answer or respond to the complaint within the mentioned timeframe may lead to a default judgment being entered against them Please note that as the plaintiff, I will bear the cost of publication and will ensure that proof of such publication is promptly filed with the court upon completion. If there are any additional forms, fees, or documents required to proceed with this request, please let me know, and I will promptly provide them. Thank you for your attention to this matter. I kindly request that you expedite the review and approval of this request, as the lawsuit's progress is contingent upon serving the defendant(s) through publication. If you require any further information, please do not hesitate to contact me. I look forward to your prompt response. Sincerely, [Your Name]
Florida Sample Letter for Request to Issue Summons by Publication
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How to fill out Florida Sample Letter For Request To Issue Summons By Publication?
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Rule 1.070 - PROCESS (a) Summons; Issuance. On the commencement of the action, summons or other process authorized by law must be issued forthwith by the clerk or judge under the clerk's or the judge's signature and the seal of the court and delivered for service without praecipe. (b) Service; By Whom Made.
Personal Service: You can tell someone else to personally deliver or serve the copies. The server must be older than 18 and may not be a party in the case. The server must then complete and sign the back of the original summons form and return it to you so you can file it with the court.
(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.
The court may serve any order or judgment by e-mail to all attorneys who have not been excused from e-mail service and to all parties not represented by an attorney who have designated an e-mail address for service.
The fees for service of process are mandated by Florida Statute 30.231 and are as follows: $40.00 for each summons, subpoena, order or writ to be served. If there are multiple defendants to be served, a $40.00 fee and a service packet as defined here is required for each defendant.
In a Nutshell You do this by filing official paperwork with the court. Be sure to address every point in the complaint, raise any defenses you have, and file the paperwork within the time frame provided. Debt collectors are counting on you not to answer the lawsuit so that they can win by default. Don't be intimidated!
If the address of the person to be served is known but service was unsuccessful, common methods of substituted service are: posting the documents on the door of the residence, mailing copies to their lawyer or legal representative or one of their staff, sending documents by courier or fax, or.
