Using a certified process server in Orlando is required for all legal cases. Only process servers certified and approved by the 9th Judicial Circuit in Florida may serve legal process. If you use an unreputable process server, any work they do for you is invalid and your entire case could be dismissed as a result. Use these tips to identify illegitimate process servers and avoid unnecessary issues in your case down the road:
Are they certified by the 9th Judicial Circuit?
All private process servers in Orange County must be certified by the 9th Judicial Circuit, which also covers Osceola County. It is important to note that being certified in the 9th Judicial Circuit only allows the process server to work in those two counties. The server in question must be approved by other counties or judicial circuits to serve process there as well.
Even though there are differences in how each judicial circuit or county approves process servers, the basic requirements are similar for all:
- Be 18 years or older
- Have no mental disabilities
- Have no personal involvement in any case
- Be a permanent Florida resident
- Submit a completed application
- Pay the application fee (In the 9th Judicial Circuit, it costs $300 for initial certification and $250 for renewal certifications)
- Have a clean background and criminal history
- Possess a Certificate of Good Conduct filed with the court or sheriff’s office
- Passage of a training course and exam
- Posting of a $5,000 surety bond
- Submit letters of recommendation (not required in all areas)
If you’re researching a potential process server in Orange or Osceola county and they cannot produce proof of 9th Judicial Circuit certification, move on to the next candidate. You should directly contact the 9th Judicial Circuit or check online to verify any server that claims they are certified.
Are they knowledgeable about relevant laws?
Legitimate process servers will know all about the laws that relate to serving process in their area. In Orange County, private process servers must pass an examination on process server laws with a grade of at least 80% before being certified. If the process server you’re interviewing claims to do any of the following while serving process, it’s a sign that they’re not credible:
- Attempting to serve process on Sunday
- Wearing disguises
- Lying about their identity
- Giving process recipients advice about their cases
- Threatening or trying to intimidate process recipients
- Engaging in illegal activities, such as breaking and entering or trespassing
Avoid private process servers that don’t show a complete understanding of all of the laws pertaining to process service. Working with an unauthorized process server can give the defendant grounds to reschedule court dates, suppress evidence, or even get the case dismissed.
Can they prove their experience?
Someone new to process serving is most likely fine to serve an easy-to-locate target with no history of violence or criminal activity. But, if you personally know the defendant or the witness in your case is going to be a hassle to find, it’s better to go with a process server with more experience. There are things about locating an individual that just cannot be taught but instead is learned by doing. Ask any process server you intend to hire for professional references from former employers and clients. Inability to produce any references from a server who claims to be experienced is a red flag.
Accurate Serve® has been helping attorneys secure valid service process in the state of Florida since 2009. All of our servers are certified to serve process in Florida’s 9th Judicial Circuit, including Orange and Osceola counties. Check out our reviews to see why we’re considered one of Orlando’s best and most efficient process service agencies. If you are located outside of the 9th circuit, visit theaccurateservefranchise.com to find your local office.
