Hillsborough Florida Notice - served with Complaint and Summons
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How to fill out Notice - Served With Complaint And Summons?
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FAQ
Now, Florida law specifies how service must be completed. Generally speaking, service must be accomplished in-person, as opposed to through the mail. This requires hand-delivery by an individual referred to as a process server. It's important for the person filing the lawsuit to follow the rules regarding service.
In the case of a defendant-owned business, the process server has two attempts to serve the owner directly. If these attempts fail, the paperwork may be left with the person who is in charge.
How much time do I have to serve the other party? You have 120 days from the date you file your complaint (after filing of the initial pleading2026). If you need more time, you can ask the Court for more time.
You cannot serve these papers on the other party yourself or by mail or hand delivery. Personal service must be made by the sheriff's department in the county where the other party lives or works or by a private process server certified in the county where the other party lives or works.
A subpoena may be served by any person authorized by law to serve process or by any other person who is not a party and who is not less than 18 years of age. Service of a subpoena on a person named within must be made as provided by law.
The law will become effective on July 1st, 2015. The code already allowed service of subpoenas on witnesses of a criminal traffic case, a misdemeanor case, or a second or third degree felony. The subpoena must be mailed the witnesses last known address at least seven days prior to the date of the required appearance.
If the party to the lawsuit owns the business, then the Floria Rules of Civil Procedure state that the process server must attempt to carry out personal service at least two times.
Insufficient service of process in Florida can cause the lawsuit to be dismissed. Note: for those who file a federal claim in the federal courts, there is an independent and distinct service of process procedure to follow under federal law. See, e.g., Rule 5 of the Federal Rules of Civil Procedure.
Can Leave a Summons Taped to Your Door. While process servers may not legally enter a building, they may leave a summons taped outside of your door, as long as it does not display the contents.
Florida law allows a process server to leave a copy of the complaint or petition, the summons, or other initial pleadings in a case, with the person who is to be served. This is known as personal service. A person may be personally served at their home, or at work, or at their business address, if they have one.
