Florida: Was I served properly?

[JJR]

The processing server handed the summon papers to an adult in the household, not me personally, but did not inform them of its content. Is this allowed? Shouldn't they at least inform the adult of what the papers are for?

Also I was a victim of identity theft and fraudulent accounts were investigated and deleted, but the account in the summon was not reporting to the credit bureau so I'm not sure if it was already deleted due to investigation of fraud, or they simple were not reporting it to credit bureaus.

[Disagreeable]

Re: Florida: Was I served properly?

Generally a summons can be served to any legal adult in the house as state law allows. Most people do not want to take a summons if a server walked up and said they were there to serve one.

[Unregistered]

Re: Florida: Was I served properly?

But once the adult takes it, does the processor need to inform them of what is.

[Disagreeable]

Re: Florida: Was I served properly?

The law requires the person be informed of their contents. It does not specify how that information must be conveyed.

[FONT=Verdana][SIZE=-1]48.031 Service of process generally; service of witness subpoenas.—(1)(a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents. Minors who are or have been married shall be served as provided in this section.

[Friend In Court]

Re: Florida: Was I served properly?

Service of Process in Florida is governed by the Rules of Civil Procedure, Chapter 48.10 of CIVIL PRACTICE AND PROCEDURE

I am posting the entire chapter so one can see for themself there is a requirement the process server must inform the person served of its contents.


Chapter 48

PROCESS AND SERVICE OF PROCESS

48.031 Service of process generally; service of witness subpoenas.—

1)(a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents. Minors who are or have been married shall be served as provided in this section

b) Employers, when contacted by an individual authorized to make service of process, shall permit the authorized individual to make service on employees in a private area designated by the employer

2)(a) Substitute service may be made on the spouse of the person to be served at any place in the county, if the cause of action is not an adversary proceeding between the spouse and the person to be served, if the spouse requests such service, and if the spouse and person to be served are residing together in the same dwelling

(b) Substitute service may be made on an individual doing business as a sole proprietorship at his or her place of business, during regular business hours, by serving the person in charge of the business at the time of service if two or more attempts to serve the owner have been made at the place of business

3)(a) The service of process of witness subpoenas, whether in criminal cases or civil actions, shall be made as provided in subsection (1). However, service of a subpoena on a witness in a criminal traffic case, a misdemeanor case, or a second degree or third degree felony may be made by United States mail directed to the witness at the last known address, and the service must be mailed at least 7 days prior to the date of the witness’s required appearance. Failure of a witness to appear in response to a subpoena served by United States mail that is not certified may not be grounds for finding the witness in contempt of court

b) A criminal witness subpoena may be posted by a person authorized to serve process at the witness’s residence if three attempts to serve the subpoena, made at different times of the day or night on different dates, have failed. The subpoena must be posted at least 5 days prior to the date of the witness’s required appearance

(4)(a) Service of a criminal witness subpoena upon a law enforcement officer or upon any federal, state, or municipal employee called to testify in an official capacity in a criminal case may be made as provided in subsection (1) or by delivery to a designated supervisory or administrative employee at the witness’s place of employment if the agency head or highest ranking official at the witness’s place of employment has designated such employee to accept such service. However, no such designated employee is required to accept service:1. For a witness who is no longer employed by the agency at that place of employment


2. If the witness is not scheduled to work prior to the date the witness is required to appear; or

3. If the appearance date is less than 5 days from the date of service.

]The agency head or highest ranking official at the witness’s place of employment may determine the days of the week and the hours that service may be made at the witness’s place of employment

(b) Service may also be made in accordance with subsection (3) provided that the person who requests the issuance of the criminal witness subpoena shall be responsible for mailing the subpoena in accordance with that subsection and for making the proper return of service to the court

(5) A person serving process shall place, on the first page of at least one of the processes served, the date and time of service and his or her identification number and initials for all service of process. The person serving process shall list on the return-of-service form all initial pleadings delivered and served along with the process. The person issuing the process shall file the return-of-service form with the court

6) If the only address for a person to be served, which is discoverable through public records, is a private mailbox, substitute service may be made by leaving a copy of the process with the person in charge of the private mailbox, but only if the process server determines that the person to be served maintains a mailbox at that location


(7) A gated residential community, including a condominium association or a cooperative, shall grant unannounced entry into the community, including its common areas and common elements, to a person who is attempting to serve process on a defendant or witness who resides within or is known to be within the community

History.—s. 5, Nov. 23, 1828; RS 1015; GS 1402; RGS 2599; CGL 4246; s. 6, ch. 29737, 1955; s. 4, ch. 67-254; s. 1, ch. 75-34; s. 3, ch. 79-396; s. 3, ch. 82-118; s. 1, ch. 84-339; s. 7, ch. 85-80; s. 2, ch. 87-405; s. 6, ch. 93-208; s. 269, ch. 95-147; s. 1, ch. 95-172; s. 1, ch. 98-410; s. 1, ch. 2004-273; s. 2, ch. 2011-159.[/

Note.—Former s. 47.13

For a process server to leave process and not inform of its contents is a violation of 48.031 (1)(a)

[Disagreeable]

Re: Florida: Was I served properly?

Though FIC's information is redundant and only provided the info I already supplied, again you notice it does not specify a manner in which the notice must be given. It only states it must be given.

[Friend In Court]

Re: Florida: Was I served properly?

The statutes states the person who serves "must inform the person of the contents." It does not state that sign language may be used, a foreign language, nor by Charade gestures.

The law intends to be specific but there is a point where splitting, quartering, dicing points becomes ridiculous.

[Disagreeable]

Re: Florida: Was I served properly?

I agree. I was somewhat baffled why you bothered to repeat the information I had already provided.

The statutes states the person who serves "must inform the person of the contents." It does not state that sign language may be used, a foreign language, nor by Charade gestures.

The law intends to be specific but there is a point where splitting, quartering, dicing points becomes ridiculous.