Florida Process Service Certification Comprehensive Resource To Help You Ace Includes Frequently Tested Questions With ELABORATED 100% Correct COMPLETE SOLUTIONS Guaranteed Pass First Attempt!! Current Update!!

Florida Process Service Certification Comprehensive Resource To Help You Ace Includes Frequently Tested Questions With ELABORATED 100% Correct COMPLETE SOLUTIONS Guaranteed Pass First Attempt!! Current Update!! 1. What is process? - Correct Answer: The document used to inform a defendant of the institution of proceedings against him & to compel his appearance. - Also known as "citation," which is issued by the clerk of the court upon request of a party to the lawsuit. - It also includes other notices, writs, orders, or other papers issued by the court. 2. What is a subpoena? - Correct Answer: A document that commands a person to appear & give testimony and/or produce & permit inspection & copying of documents or tangible things. This is not "process" & need not be delivered by an authorized process server, but a process server may be employed. 3. What is Service? - Correct Answer: The delivery of the proper documents in a proper manner to the proper person by a person authorized to make such delivery. 4. Who is allowed to serve process? - Correct Answer: a. Constables/sheriffs & their deputies are automatically authorized to serve process. Other officials may be authorized by specific statutes. b. A person who is at least 18 may be authorized by written order of the court. An individual trial court may make an order authorizing a certain person to make service in a case out of that court. c. A person may be certified by the JBCC pursuant to order of the Texas Supreme Court. (There is no such thing as a "licensed" process server in Texas.) d. The clerk of the court must make service by mail, if requested; but service by mail may also be made by a sheriff, constable, or process server. e. Only a sheriff or constable (unless a private process server is authorized by a court order) may serve a citation in an eviction case, a writ that requires the actual taking of possession of a person, property, or thing, or process requiring that an enforcement action be physically enforced by the person delivering the process. A private process server may not serve a writ of attachment, writ of sequestration, writ of execution, writ of habeas corpus, or any writ for the enforcement of a judgment or for seizure of a person or property. f. No person who is interested in the outcome of a suit may serve any process to do with that suit. g. Any disinterested person who is over 18 may make service on a defendant who is absent from the State or is a nonresident of the State of Texas. h. Only a sheriff, constable, or clerk of the court may make service by publication. i. A subpoena may be served by any sheriff/constable of TX or by any person who is not a party & is 18+. A person need not be an authorized process server in order to serve a subpoena, but private process servers are frequently employed to 5. Where may service of process be performed? - Correct Answer: Once authorized to serve process for cases in a TX court, that person may serve papers from that court anywhere in TX or in any other state. TX rules permit a server to make service in a foreign country. Each country has its own laws, which may or may not allow a TX resident to make service in that country. No subpoena, summons, complaint, citation, writ or other process may be served on any person at or near the site of any mediation session. 6. When may/must service of process be performed? - Correct Answer: a When a server receives any papers to be served, all process must be executed & returned without delay. In cases of a temporary restraining order (TRO), temporary injunction, or a family court protective order, service must be immediately. b. No process on Sunday, except in cases of injunction, attachment, garnishment, sequestration, or distress proceedings, or if citation is by publication. c. Citations in delinquent ad valorem tax cases must be served within 90 days after the date of issuance or returned to the court unserved. d. Citations, other than in delinquent ad valorem tax cases, do not expire. There is no deadline on the citation itself. However, each citation coming into the hands of a process server should be served as promptly as possible. Claims are usually subject to a statute of limitations which will bar the suit if not brought within the time allowed. Not only must the plaintiff file the suit within the time allowed, but must also obtain service on the defendant within the time limitation. If the plaintiff and the process server have been diligent, the law may allow an exception for a few extra days for service of process. The allowance of extra days is not automatic & will be decided by the court. e. There is no legal restriction on the time of day at which a citation may be served. Do not serve process late at night or too early in the morning. In a few instances, a defendant's schedule may mean that the only time the defendant can be reached is late at night or early in the morning. If you can do so safely, you may attempt service at these times. f. Justice Court cases may move more rapidly than cases in county or district court. In a repair & remedy case against a landlord, the citation must be served at least six days BEFORE the appearance date. In an eviction case, the citation 7. What are the duties of a process server? - Correct Answer: (1) to promptly & properly deliver the proper papers to the proper person (2) to promptly & properly complete & file with the court a return of service. The return of service is the written doc used to prove that proper service has been made. A written return must be filed promptly & specific info must be stated. Before any service is made, the server must endorse on all process & precepts coming to his hand the day & hour on which he received them. For servers serving papers for a company, where the process is received by the company before being received by the individual process server, it is sufficient to use the day & hour the process was received by the company. A server company will frequently stamp the date received before giving the citation to the server to serve. This notation may be made on the face of the citation. It must be made on the original, not the copy handed to the defendant. The server should record the: - Case number - Date & time of the service - Name of person served - Description of person ("white overweight middle-aged female with brown hair") - Address where the papers were delivered - Place of delivery ("red brick house with large front porch"). This info may be vital if the server is called upon to defend the truth of the return of service signed by the server. A note should be made of anything that happened during service other than the simple delivery of the papers. 8. Manner of service to an individual? - Correct Answer: A citation always contains the name of the person or entity to be served. A citation to an individual person must be delivered only to that person unless the court has issued an order that allows otherwise. Leaving the papers with anyone else is always defective service unless the court has signed an order allowing the papers to be left with someone other than the defendant. The server may not change the name on a citation, nor alter the citation in any way. A citation issued to one name cannot be used to attempt service on a party of another name. 9. Delivery in person - Correct Answer: This is accomplished when the server correctly identifies the defendant & hands the papers directly to the defendant; & the defendant takes the papers into the defendant's hands. Before the citation is handed to the defendant (or left with the defendant as described below), the date of delivery must be endorsed thereon. This notation is made on the copy of the citation that is handed to the defendant. It may be made on the face of the defendant's copy of the citation, or may be made on the blank form of return that is at the bottom or on the back of the same piece of paper. Delivery in person sometimes may be made even when the person refuses to take the papers in hand. This may be done only in limited circumstances described below. If you are - in the immediate presence of the defendant - identified the defendant - have offered the papers to the defendant - informed the defendant of the nature of the papers - informed that you are trying to make service if the defendant still refuses to take the papers in hand, then you may leave the papers in front of the defendant where the defendant can see that you have done so. If the defendant is standing in front of you, you may lay the papers on the floor or ground at the defendant's feet. If the defendant is sitting behind a desk, you may gently lay the papers on the desk in front of the defendant. The server should avoid touching the defendant. If the defendant is standing behind a glass door through which you can clearly see & hear each other, & you have identified the defendant, & you have informed the defendant of the nature of the process & that service is being attempted, but the defendant refuses to open the door & take the papers & hand, it is probably permissible to leave the papers on the doorstep immediately outside the door, where the papers are clear