In Florida, process servers have a lot of discretion in terms of when they are allowed to serve process recipients. However, if you’re a new process server, you might be confused about best practices. We’ll go through the service times permitted for people and companies in this article, as well as an important restriction.
Serving an Individual
At Their Residence
There are no definite laws about when a process server can serve a person in their home, but common sense dictates that service should not be attempted before 6 a.m. or after 9 p.m. at a private residence. The time chosen should correspond to that person’s known schedule and when they would be most expected to be at home and awake. Serving someone when you are certain they are asleep has some ethical implications.
At Their Job
You’re allowed to serve an individual at any hour while they are at their job (assuming they don’t own the business). You must contact the employer first, notify them of the purpose of your visit, set up a time to come in, and give the individual the process in a discrete location provided by the employer.
At Their Own Company
You may attempt service on a business owner at their place of business any time during normal posted business hours. If posted business hours are from 8 a.m. to 9 p.m., you may attempt service there during these hours. Also, if service on the owners is unsuccessful after two attempts, you may serve the papers to the supervising manager on duty instead.
Service Outside of Florida
Laws and regulations of the area where the process is to be served must be followed at all times. If service is to be attempted outside of the state of Florida, consult with that state’s service of process laws instead.
Serving a Partnership, LLC, or Corporation
Service on these types of businesses may be made at the main business location (headquarters) at any time they are open. You may serve any owner, partner, manager, or designated representative.
Times Not Allowed
Service on Sundays is the only time that is 100% prohibited in the state of Florida. In extremely rare cases, a judge may even authorize Sunday service.
The Best Process Servers in Orlando
At Accurate Serve® of Orlando, our process servers uphold the highest professional and ethical standards. Give us a call at (407) 868-5992 or contact us online to get more information about joining our team.
