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Be a Florida attorney Based on the attached dockets, is it…

Please be a Florida attorney Based...
Please be a Florida attorney
Based on the attached dockets, is it possible that the tenant (plaintiff) filed a motion for substituted service? After seven attempts, court has not been able to serve landlord (defendant). Notice there was a hearing on September 11, that never took place because there was a hurricane in town. Could this hearing be the result of a substituted service motion or notice?
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9/21/2017
LandlordTenantAnswer
Category: Landlord-Tenant
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Good afternoon. It does not appear that was done. It is likely that the hearing date was set ahead of time and they would have needed to appear to show efforts made to serve the Defendant. If court was cancelled because of Irma, the dates should be reset and a new date to appear would be set.

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Customer reply replied 8 months ago
Thank you
Q1. In your experience, do most tenant-plaintiff from small claims court, file the motion for substituted service, if landlord cannot be formally served, but an address exist? Q2 In your experience, what would be the average time elapsed, between the filing of the motion for substituted service and the docs been dropped at the defendants address?

Substitute service would be serving someone who is 18 or over at the residence, who resides there. That could happen the first time they try to serve the defendant. It would be publishing on them, which would result if good faith efforts have been made to serve them and they can not be found. The Judge would allow this.

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Customer reply replied 8 months ago
Does a motion need to be filed in order to proceed with substitute service?

No, substitute service would be in a situation whereby the defendant was not home but a spouse or a roommate or someone else who lives there was. They could be served the summons and complaint. No motion needs to be filed for that to happen.

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Customer reply replied 8 months ago
Based on your last comment, substitute service could have been performed already as the server has been seven times to the defendants address and the fact that, as per dockets, on 8/22 a "notice was left at the door". However in your first comment you said it seems as if substitute servce hasn't happen yet. In support of that is docket entry from 8/30 saying "Summons returned - No Service" Q2 Can you review the dockets again (two PDF docs attached initially) and determine which way it seems it is?. Q2 Another attorney here told me a motion needs to be filed to perform "substitute service". Can you double check on confirm whether that is correct or not?

Left at the door is not served upon an actual person. It would be up to the Judge to decide if leaving the summons and complaint was proper, since there is no evidence to show the person received it and is on notice, which is the point of service. I think by motion they may have meant affidavit, advising that there was substitute service.

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Customer reply replied 8 months ago
20 September 2017 09:21
Asad Rahman
Lawyer
In this situation you have to file a motion for substituted service wherein you ask the judge to allow you to leave a copy of the lawsuit on the door of his residence or with an adult over the age of 18. Most judges will agree if you have done due diligence in terms of trying to sue.
++++++
The above was written to me today and it contradicts your opinion. The question is, can the copy of lawsuit be left at the door if doing substitute service? If so, is it possible and or likely it was already done, based on the dockets info? Please review law if needed before answering me. if by any chance you have to admit he is right, I will give you 5 anyways, I need the truth as best you see it

Please review and start on page 7

https://www.jud11.flcourts.org/docs/PROCESS%20SERVER%20MANUAL%202012.pdf

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Customer reply replied 8 months ago
I made a request to call about 2 hours ago, but here is what I need
Substituted service seems required to be in person as you said. I have to conclude the other attorney was wrong. If you disagree please comment
Defendant is a corporation. The only name in public records (president & registered agent at the same time) does not reside on corporate address. Corporate address is residential and someone else with same last name resides there, and he is the one that cannot be served. Q1 Can President be served at his residential address? His personal address is in public records and is nearby.
Q2 On Constructive service, what is the likelihood of it happening on a small claims court case where the demand is for $2,200? Approximately how much is the cost to file it? If plaintiff filed as indigent, will court pay for it?
Thank you for the reply. The site requires these new questions to be posted as new so I would just kindly ask that you rate my help at this time and post the other questions as new since they are outside the scope
LandlordTenantAnswer
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Customer reply replied 8 months ago
I am going to do it now. Can you step in soon enough to take it?
Customer reply replied 8 months ago
I posted the question. Can you answer it?
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