Legal Question in Civil Litigation in Florida

Process Servers

What is my recourse against a process server that took my check, Summons and Complaint two months ago yet has not served the Summon and Complaint and has not cashed my check and will not respond to numerous phone calls and letters? (Process Server is Charles Ford Investigations)


Asked on 9/19/07, 2:15 pm

3 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Process Servers

in writing, tell him to stop work, not to cash the check, and to return the summons and complaint. Then hire a process server that is reputable and get the dang thing served!

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Answered on 9/19/07, 5:21 pm
Johm Smith tom's

Re: Process Servers

I agree with Mr. Wagner. You will be held responsible by the court if you don't effect service. So get someone else to do it and complain to the BBB and possibly the state licensing agency.

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Answered on 9/19/07, 9:27 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Process Servers

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Retrieve the papers and check you gave to the process server. If the process server refuses to return them to you, stop payment on the check and report him to the county authority that regulates process servers. In the interim, go to the court with a duplicate summons and copy of the complaint and get the summons issued as a alias summons (2nd time). The court will charge a small fee, but at least you will be able to get your matter served and the case moving. If service is not made within a set time, a case will be dismissed.

Scott R. Jay, Esq.

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Answered on 9/19/07, 10:25 pm


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