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What are the (in layman's terms) the process service methods…

What are the (in layman's...
What are the (in layman's terms) the process service methods that can be used for a Florida state resident1) When his body is in Florida2) When his body is in another state
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3/15/2018
LegalKnowledge
LegalKnowledge, Attorney
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Good morning. Both would be the same. The defendant would need to be personally served. If they live in Florida, the process server would need to serve them personally or there would need to be substitute service, on someone residing in the home, over the age of 18. Same goes for them residing out of State but a process server in the State where they reside would need to be used. If they are unable to be served and/or found, after a good faith effort has been made, they could be published on, in a local periodical.

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Customer reply replied 1 month ago
Great answer the question.
Customer reply replied 1 month ago
No I need it clear an unambiguously expressed in writing.

I provided an answer above. What can I clarify for you?

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Customer reply replied 1 month ago
what you are saying is they cannot tape something to your door OR process serve you through the mail. They must hand it to you or to someone residing at your house over the age of 18.

Here is what is required and allowed under the Florida Rules of Civil Procedure and I have also provided a link below, to the Florida Statute.

Florida Rules of Civil Procedure
RULE 1.070 PROCESS

(a) Summons; Issuance. Upon the commencement of the action, summons or other process authorized by law shall 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. Service of process may be made by an officer authorized by law to serve process, but the court may appoint any competent person not interested in the action to serve the process. When so appointed, the person serving process shall make proof of service by affidavit promptly and in any event within the time during which the person served must respond to the process. Failure to make proof of service shall not affect the validity of the service. When any process is returned not executed or returned improperly executed for any defendant, the party causing its issuance shall be entitled to such additional process against the unserved party as is required to effect service.

(c) Service; Numerous Defendants. If there is more than 1 defendant, the clerk or judge shall issue as many writs of process against the several defendants as may be directed by the plaintiff or the plaintiff's attorney.

(d) Service by Publication. Service of process by publication may be made as provided by statute.

(e) Copies of Initial Pleading for Persons Served. At the time of personal service of process a copy of the initial pleading shall be delivered to the party upon whom service is made. The date and hour of service shall be endorsed on the original process and all copies of it by the person making the service. The party seeking to effect personal service shall furnish the person making service with the necessary copies. When the service is made by publication, copies of the initial pleadings shall be furnished to the clerk and mailed by the clerk with the notice of action to all to all parties whose addresses are stated in the initial pleading or sworn statement.

(f) Service of Orders. If personal service of a court order is to be made, the original order shall be filed with the clerk, who shall certify or verify a copy of it without charge. The person making service shall use the certified copy instead of the original order in the same manner as original process in making service.

(g) Fees; Service of Pleadings. The statutory compensation for making service shall not be increased by the simultaneous delivery or mailing of the copy of the initial pleading in conformity with this rule.

(h) Pleading Basis. When service of process is to be made under statutes authorizing service on nonresidents of Florida, it is sufficient to plead the basis for service in the language of the statute without pleading the facts supporting service.

(i) Service of Process by Mail. A defendant may accept service of process by mail.

(1) Acceptance of service of a complaint by mail does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant.

(2) A plaintiff may notify any defendant of the commencement of the action and request that the defendant waive service of a summons. The notice and request shall:

(A) be in writing and be addressed directly to the defendant, if an individual, or to an officer or managing or general agent of the defendant or other agent authorized by appointment or law to receive service of process;

(B) be dispatched by certified mail, return receipt requested;

(C) be accompanied by a copy of the complaint and shall identify the court in which it has been filed;

(D) inform the defendant of the consequences of compliance and of failure to comply with the request;

(E) state the date on which the request is sent;

(F) allow the defendant 20 days from the date on which the request is received to return the waiver, or, if the address of the defendant is outside of the United States, thirty days from the date on which it is received to return the waiver; and

(G) provide the defendant with an extra copy of the notice and request, including the waiver, as well as a prepaid means of compliance in writing.

(3) If a defendant fails to comply with a request for waiver within the time provided herein, the court shall impose the costs subsequently incurred in effecting service on the defendant unless good cause for the failure is shown.

(4) A defendant who, before being served with process, timely returns a waiver so requested is not required to respond to the complaint until 60 days after the date the defendant received the request for waiver of service. For purposes of computing any time prescribed or allowed by these rules, service of process shall be deemed effected 20 days before the time required to respond to the complaint.

(5) When the plaintiff files a waiver of service with the court, the action shall proceed, except as provided in subdivision (4) above, as if a summons and complaint had been served at the time of filing the waiver, and no further proof of service shall be required.

(j) Summons; Time Limit. If service of the initial process and initial pleading is not made upon a defendant within 120 days after filing of the initial pleading directed to that defendant the court, on its own initiative after notice or on motion, shall direct that service be effected within a specified time or shall dismiss the action without prejudice or drop that defendant as a party; provided that if the plaintiff shows good cause or excusable neglect for the failure, the court shall extend the time for service for an appropriate period. When a motion for leave to amend with the attached proposed amended complaint is filed, the 120-day period for service of amended complaints on the new party or parties shall begin upon the entry of an order granting leave to amend. A dismissal under this subdivision shall not be considered a voluntary dismissal or operate as an adjudication on the merits under rule 1.420(a)(1).

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0048/0048.html

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Customer reply replied 1 month ago
THANKS! We are done.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Customer reply replied 1 month ago
Wait a minute: THAT says you can effect process sevice through the mail.
Customer reply replied 1 month ago
My question is clear:Does the defendant HAVE to be handed the document IN PERSON?

It says a Defendant MAY accept it through the mail. They would have to agree to this. Otherwise, they need to be personally served or there needs to be substitute service, as I shared above.

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And as I shared and as you can see, if they can not be served in person, because they are avoiding service or cannot be found, the next step would be publishing on them.

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Customer reply replied 1 month ago
Got t they have to AGREE to be served through the mail.
Customer reply replied 1 month ago
Thank you.

You are welcome and glad I was able to help. If you have not already, I kindly just ask that you rate my help at the top at this time, just so the site provides me with the proper credit.

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Customer reply replied 1 month ago
Got it. I gave you 5 stars.
Thank you. For some reason it did not appear above. Did you click the rating? Maybe it is just delayed right now. Thank you.
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