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)
3 Answers from Attorneys
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!
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.
Re: Process Servers
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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.