Welcome to the Lafayette Process Servers LLC podcast. I’m your host Olivia, and in today’s episode, we are going to talk about, what hours can a process server serve you?
A process server’s main task is to serve legal documents to a defendant or other party engaged in a court action, but they can perform things like file court filings and retrieve records. If your damage was caused by someone else, you might want to consider pursuing a personal injury case.
Personal injury lawsuits are filed for various reasons, including vehicle accidents, faulty products, boating injuries, dog attacks, wrongful death, slip and fall incidents, and a variety of other injuries caused by the negligence of another party.
The first procedure in a personal injury case is to file a complaint. The complaint is a legal document that contains your accusations of negligence and guilt and is submitted to the court. The lawsuit’s parties must be served with the complaint. This helps them stay abreast of the current situation. A process server is frequently utilized in a personal injury case to serve complaints and other legal papers to the parties. But what are those hours in the week that you can accept the delivery of a process server? Keep reading to find out the
A process server has the legal authority to serve documents on any day of the week, including weekends and holidays. However, each process server may establish its regulations for serving on holidays and how late in the day they will attempt to deliver documents. When it comes to serving legal papers at a party, there are a lot of laws and procedures to follow. A process server is familiar with these laws and knows how to distribute legal documents. In a court case, process servers deliver a range of documents.
What is the highest number of times a process server may visit your home?
There really is no limit to how many times a process server can visit you or deliver documents to your home. Each process server has its own set of guidelines for the number of times they seek to serve documents. Three tries will most likely be made, each at a different time of day and on different days. If the process server chooses not to serve the documents after many efforts, the applicant may petition the court to have the documents delivered in a replacement or alternative manner.
AT WHAT HOURS CAN A PROCESS SERVER COME TO MY HOUSE?
It is dependent on the state. Process servers must serve documents following the laws of their respective states. On Sundays and holidays, documents cannot be served in several places (for example, Florida). Some papers cannot be served after a specific time in other states (for example, California) (e.g., after 8:00 pm).
Papers can be served in a variety of ways by process servers. In most circumstances, the process server knocks on the individual’s door, verifies their identification, and presents the document to the person. After issuing the document, the process server registers an affidavit of service with the court.
The papers can also be served at your place of business or to someone permitted to receive legal documents on your behalf. Unfortunately, legal papers cannot be served on Sundays, even though there are no time constraints on when a process server can try service.
CAN I GET RID OF A PROCESS SERVER SERVICE?
Many individuals feel that they have not been lawfully served if they do not “touch” the papers. On the other hand, the process server can drop the documents at your home and inform you that you have been served once he has established your identification. If you refuse to get out of your car, the process server can place the documents on your windshield.
You can still be sued for a personal injury claim if you avoid a process server. The victim might ask the court to serve the defendant via alternative techniques such as publishing. By avoiding service, you are merely postponing the inevitable.
What Happens If the Defendant Is Difficult to trace?
In rare cases, alternative service is permitted under Florida law. Substituted service entails leaving the documents to be served with someone who is not the intended recipient. For example, if the person to be served owns a business, the documents may be left with a person in charge. Before doing so, the process server must make at least two attempts to serve that individual at that location. Process service must be done within regular business hours.
In some vehicle accident instances, substitute service is permitted.
It might be utilized if a defendant moves out of state or hides their whereabouts. If the accident occurred in Florida, the plaintiff might serve as the secretary of state.
Substitute service may be approved when a defendant’s address is known, such as through a post office box or virtual office, but the defendant cannot be located. A court may allow service of process to be served on the person in charge of the post office box or virtual office in that scenario. Replacement service laws and procedures are strictly interpreted by courts and must be followed by the letter.
When the defendant cannot be found, service by publication is permitted.
However, a plaintiff who wishes to serve a defendant in this manner must make good faith efforts to locate and serve the defendant before a court will allow a process server to do so.
Serving a defendant via publication of a notice in a publication such as a newspaper in a location where the defendant is likely to see it is known as service by the process. For example, it may be the local newspaper in the defendant’s town. Only specific sorts of defendants are eligible to be served in this manner. Courts, once again, apply a strict interpretation to the provisions for service of process through publication. Bring any concerns about personal service to a lawyer you can trust.
And that wraps up our episode for today. Thank you for listening and we’ll see you next time!
The foregoing podcast has simply been presented for informational purposes only. He or those at Lafayette Process Servers LLC, are not attorneys. If you seek further information about this topic, please make sure to contact an attorney in your local area.