Legal Question in Personal Injury in Florida

�My Process Server claims to have exhausted all avenues of locating a Defendant who apparently is in hiding. A person claiming to be the new owner of the Defendants registered business (suspected to be the defendant�s son or another relation) states he has no knowledge of the whereabouts of the defendant. However, per Fl. Div. Corp. the Defendant is still the only Registered Agent of seven businesses located at the business address. Can the person claiming to be the new owner be substitute served� Or should the Defendant be served via his PO Box verify via the Postmaster through FOIA?


Asked on 9/29/14, 9:46 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

If defendant is a corporation still doing business per the Secretary of State, you can serve anyone at the registered agent's address during the appointed hours per statute. The problem you will have is they wont participate, and, if the entity is truly not doing any business what will you get for your effort? Service by PO box is not acceptable. If you can find any of the officers or directors you can also serve one of them.

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Answered on 9/29/14, 2:40 pm


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