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Law Educator, Esq.
Law Educator, Esq., Attorney
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In a suit against FL DMV, Department of Titles, what is the

Resolved Question:

In a suit against FL DMV, Department of Titles, what is the tree list of defendants that would be named, besides the Executive Director?

Is the DMV a separate entity of the State that also needs to be listed, or would the State itself also be listed as a defendant?
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
You only need to list the FL DMV, as they are a state agency and the Director of the DMV, you do not need to list the state of FL, you can also list any individual employee that you believe had personal action in your case.


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Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88353
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 5 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

Paul,

 

Thanks for the distinction on the State of Florida vs its agency. I guess that means I don't need to serve a copy of the action with the local State's Attorney's office, or do I?

 

The Director of the Title Department has changed between the time the damages occurred and dating of filing an action, so I presume I would list BOTH, the previous and the current, because the old Director was indirectly involved in the decisions that caused the damages, and NOW the new Director inherits the agency's prior sins, too, is that correct?

 

There is of course the Executive Director of the "Department of Highway Safety and Motor Vehicles", which oversees the Title Division, so I presume she would be summarily named as well. Yes?

 

Michael

 

PS Since the FL DMV has in-house legal department, is Service Of Process to them of the three named individuals proper (simultaneous serving of three Summons for the parties, and a fourth Summons for the DMV itself), or so I have to serve (and show on the Summons) their individual office addresses and have the Service of Process delivered to each independently?

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, you serve a copy of the suit to the State Attorney as well as on the Executive Director who is the party designated for service for a state agency.

You can list the prior director of the service as well as the new one on the suit, if the previous director caused the problem. The Executive Director is named and served as they are in charge of the agency and the person for service of process.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88353
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 5 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

Sorry for the nit-picking, but it is the Service of Process details I want to be clear about. Do I need a Process server for the State's attorney, or just send him a copy? Do I need to Send individual copies to the offices of each of the three State employees now named, or can I have all three Summons sent to their legal department. The legal department has refused Waiver of Process of Service by mail, just to be difficult. So I want to be sure I cross all the T's and dot all the I's. If I have to have private process service on each at their offices, I will do so. Same with State's attorney. (Thanks)

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, you need a process server to serve all of them to make it legal and to have your proof of services all verified by a process server. Do not use waiver of service forms, you want to make sure everyone is personally served and you have records of service.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88353
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 5 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

I'm either stupid or lost, or both. With regard to the State's attorney, they need a process server too? And if so, does that constitute the State Agency, DHSMV being served?


Or, do I need to serve a separate Summons on the DHSMV, as well as the three division officers, AND the State's attorney.


 


My confusion is the overlapping between the State's attorney and the DMV as an entity. I know I need the three officers served, but do I need a fourth Summons for the DHSMV (DMV) served in Tallahasse, AND a FIFTH Summons served upon the State's attorney? Clarifying this should put me (and you) out of our misery. Thanks. MM

Expert:  Law Educator, Esq. replied 1 year ago.
The state attorney should be served with process server as well. The state agency being served legally is service on the executive director. You serve a separate summons on everyone. The state attorney is the legal counsel who will represent the agency. Service on the agency is through the executive director (you are serving the state attorney to make sure everyone has a copy and this is a precautionary measure by you to make sure everyone is covered). You serve DMV through the Executive Director, which is why he is being named. So service to the ED, the two directors and the state attorney, 4 summonses.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88353
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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Customer: replied 1 year ago.

Paul, thank you for the clarity, especially about the ED representing service upon the Agency; that makes sense; but so many times there seems futile and unnecessary redundancy in such details.


Since the State's attorney is not a defendant, I would have thought service upon them through Certificate of Service by directly would suffice. Might I inquire as to how a Summons that is not for a defendant would be entitled as meant for the State's attorney (hypothetically, of course).

Expert:  Law Educator, Esq. replied 1 year ago.
It is redundant many times, but this removes all of their potential arguments. It is to the State Attorney just as "counsel for the defendant."
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88353
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 5 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

FINALLY. My thick head has learned something. High marks. Much appreciated. If you are in the S-FL area, would like to consider your rep' on some issues, if interested. Can't Pro Se everything, andI have a 7 figure Action outside of this DMV issue. Let me know; if not, thanks again.

Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry, but the site forbids us from taking on clients from this site or even making personal referrals to other attorneys in their effort to maintain independence and integrity in us providing just information to customers of the site without any hidden motives.

Please do not forget to click on excellent service feedback as that is the only way we receive credit for assisting customers of this site.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88353
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 5 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

Paul,


Sorry for the delay; been away. Yes, I expected your terms of contract with the site, so no problem. I am new to this place, so I appreciate the explanation of limits. I already gave you an excellent plug yesterday.


 


Regards,


Michael

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for understanding.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88353
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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