Florida Sample Letter for Request to Serve Summons Upon Defendants
Description
How to fill out 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.
