Choosing a process server isn’t just a box to check, it’s a decision that can impact your case from day one. Law firms often assume service of process is routine, but one wrong hire can trigger delays, dismissals, or worse.
We once worked with a firm whose service failed because someone handed delivery to a neighbor not the defendant. The case bounced. After we switched to a handler with GPS photos and tried again, it passed muster in court immediately.
Here are five common mistakes firms make when selecting a process server and how to avoid them.
1. Picking Someone Without State Certification
Florida law insists on a certified process server, appointed by the sheriff or court; anyone else risks invalid service. If your vendor lacks proper certification, it can cost you delays or case dismissal.
2. Overlooking Documentation Quality
You want every attempt logged with detail, time, place, method, recipient, GPS, photo. Courts expect an affidavit with concrete proof. If that proof is weak, your service may collapse under scrutiny.
3. Ignoring Timing Rules
Florida bars service on Sundays and certain holidays. Miss or mishandle deadlines, and your filing may be void or your timeline altered.
4. Trusting Servers Without Skip-Tracing Abilities
Defendants often dodge service. Without skilled tracing, you face wasted attempts and stalled cases. Look for providers that can find hard to locate people effectively.
5. Letting Communication Slip
If your process server works in isolation, missteps are inevitable; they might misunderstand your case needs. Knowing when service must be rushed, delayed, or handled delicately requires coordination.
Ultimately, service of process is more than a formality it’s the foundation that allows every case to move forward. By avoiding these common mistakes, law firms can safeguard their clients’ interests, keep cases on track, and ensure that justice isn’t derailed by preventable errors.
