If you have a lawsuit against a financial institution in Florida, there are certain rules that have to be followed. These regulations were recently passed in 2017 and are in full effect today. It is important that you hire a private process server familiar with the regulations and rules surrounding serving banks and other financial institutions.
Registered Agent
Banks and financial institutions that do not want to be served at a branch location must designate a registered agent who will be responsible for accepting papers that need to be served to the bank. The registered agent or registered company that will be accepting service must be available during regular business hours from 9 a.m. to 5 p.m., Monday through Friday. If the bank has a registered agent and the papers are served at a branch, service will be considered invalid.
Serving a Branch
If the bank or financial institution does not have a registered agent or registered company acting as an agent, then the papers may be served at a local branch. However, there are rules about who can receive the papers. The papers must be served upon the president or vice president of the branch, or another titled officer of the branch. The papers may not be left with a bank teller, account representative, or other basic employee. If the papers are not served to an appropriate individual at the branch, service will be considered invalid.
Invalid service can be detrimental to your case. In a best case scenario, invalid service will delay your case as the court demands that valid service be made before the case can move forward. However, when dealing with large institutions such as a bank, you are also working against their legal team. In these situations, it is likely that your case could be entirely dismissed if service is invalid.
If you have a lawsuit involving a financial institution in Florida, we can help. Contact us today for more information or to get started.
