Legal Question in Civil Litigation in Florida

Restraining Order against a Process Server

I'm a FL Process Server and I was trying to serve a subpoena to someone this week who ended up calling me to ''give me a heads up'' that he had given my info to his attorney and filed a complaint and restraining order against me and my company. Of course I checked the court dockets and sheriff's website and nothing has been issued as of yet but when I called to report it to the sheriff, my licensing authority in my county, he told me not to go back to serve the subpoena. ?? If I'm serving legal process I'm not tresspassing because I have a right to be there. How can this guy get a restraining order against me and why would the sheriff tell me not to go back like I'm not protected by the FL Statutes? Do I continue attempting service on him? My client wants him served.


Asked on 3/27/09, 10:19 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Restraining Order against a Process Server

I don't think that a private server has a right to tresspass just to serve process. That does not mean, however, that he cannot be served on public property. If there is no restraining order I don't see why you can't serve him. That said, it may be more expiditious to have another process server take this one for you.

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Answered on 3/28/09, 7:28 pm


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