Legal Question in Civil Litigation in Florida

must a defendant's attorney accept service in a small claims suit?

My company recently filed a small claims suit in the 15th circuit against an individual defendant domiciled out-of-state. Prior to filing, but after providing the defendant with notice of intent to file, my company received a letter from an attorney claiming to represent the defendant ordering us to cease and desist our action against him.

We proceeded and filed anyway, but service on the defendant by a local sheriff in his county failed. A resident told the sheriff that the defendant moved 1 month prior, but my guess is that it was the defendant the whole time.

I am now trying to find out if, per the FL small claims rules of court, it is mandatory that the attorney who wrote the letter for the defendant accept service on his behalf. I understand that the $200 ''this-should-do-it'' threatening attorney's letter is often a cost-effective way for individuals to intimidate the opposing Party in a dispute without following the traditional and more-involved channels of representation, and have a feeling that's what happened here.

Given the circumstances, can I instruct the sheriff to serve the defendant through this attorney? would the person to be served then be the attorney, and not the defendant? Please advise.

Thanks


Asked on 8/21/08, 4:39 pm

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Re: must a defendant's attorney accept service in a small claims suit?

no

Read more
Answered on 8/21/08, 5:18 pm


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