Subject: Serving Summons Upon Defendants in Florida — Sample Letter Request Dear [Recipient's Name], I hope this letter finds you well. I am writing to request your assistance in serving summons upon the defendants in a legal matter pending in the state of Florida. As an experienced legal professional or an authorized process server, your expertise in executing this crucial task is greatly appreciated. Below, you will find a detailed description of the case and the specific requirements for serving the summons upon the defendants. Kindly review the information provided and let us know if you require any additional documents or instructions for proper service. 1. Case Information: — Case Name: [Plaintiff vs. Defendant— - Case Number: [Case Number] — Court Jurisdiction: [Name of the Court] — Type of Case: [Civil, Criminal, Family Court, etc.] 2. Defendants' Information: a) [Defendant 1's Name and Address] b) [Defendant 2's Name and Address] c) [Defendant 3's Name and Address] 3. Purpose of Summons: — The summons aims to notify the defendants of the legal proceedings filed against them and inform them of their rights and obligations in relation to the case. — Please ensure that the summons contains the relevant case details, the court's information, and the legal deadline for the defendants to respond. 4. Serving Requirements: — In accordance with the laws of Florida, proper service of the summons must be carried out by an individual who is at least 18 years old, not a party to the case, and appointed by the court or authorized by applicable laws. — Service options available under Florida law include personal service, substituted service, service by mail, or service by publication. Please adhere to the particular serving method deemed necessary or appropriate for the case at hand. — If personal service is required, please ensure the service clearly identifies themselves, provides appropriate identification, and hands the documents directly to the defendants. It is crucial to complete a proof of service form accurately. 5. Additional Documents and Instructions: — Enclosed with this letter, you will find a copy of the summons. Please use this as a reference for serving the defendants accordingly. — It is essential to provide the individuals serving the summons with any relevant information about the defendants' typical schedule or availability to increase the chances of successful service. We kindly request that you promptly complete the service and provide our office with a proof of service form or an affidavit attesting to the service being performed. Your timely response will greatly assist in moving the legal proceedings forward. Should you have any questions, concerns, or need clarification on any matter, please do not hesitate to contact our office at [Your Contact Information]. We truly appreciate your cooperation and willingness to assist us in this matter. Thank you for your attention to this request, and we look forward to your positive response. Sincerely, [Your Name] [Your Title/Designation] [Law Firm/Company Name] [Contact Information]
Florida Sample Letter for Request to Serve Summons Upon Defendants
Description
How to fill out Florida Sample Letter For Request To Serve Summons Upon Defendants?
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FAQ
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.
Florida Rule of Civil Procedure 1.070 (j) states that a complaint must be served upon the defendant within 120 days after the complaint is filed. If it is not served within this time frame, a motion to dismiss is appropriate and the case is dismissed without prejudice.
It is important that you know that when the other party is served by the process server they must accept the papers. Once they are found, they can no longer avoid the inevitable. In the state of Florida, refusing service of process without violence from a registered process server is a class one misdemeanor charge.
1988 Amendment. Subdivision (j) has been added to require plaintiffs to cause service of original summons within 120 days of filing the complaint absent good cause for further delay.
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.
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.
If the defendant tries to evade service by staying away from their home, you can serve them at their workplace or another public place. If that does not work, you may need to locate another address to serve them at.
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.
