Legal Question in Family Law in Florida

if a server cannot find the person to serve court papers, what happens

Asked on 6/23/12, 7:51 am

2 Answers from Attorneys

You can have them served by publication. This means that there must be notice in a court approved newspaper for usually four weeks. There are specific pleadings that have to be filed and usually a hearing is required before the judge. Please feel free to follow up for more information.

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Answered on 6/23/12, 8:38 pm
Lucreita Becude Lucreita D. Becude, P.A.

Never heard of a hearing before doing constructive service - maybe because that is a requirement for California and NOT Florida However, be that as it may, you will need to file a Notice of Action in the newspaper that the court uses for the last county that this person lived in. You must be able to show due diligence of trying to locate the person. These forms are found on the Family Law web site with instructions. If you are in the Duval county area, contact my office for an appointment.

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Answered on 6/25/12, 5:56 am

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