Legal Question in Civil Litigation in Florida
serving notice
I am preparing a small claims court case. The defendants are represented by an attorney. The clerks office stated that the defendant had to be served directly. Do I send the notice to their attorney or directly to the defendant? I want to do this correctly.
2 Answers from Attorneys
Re: serving notice
I would place a phone call to the attonrey to confirm that he will accept service. Most likely he will.
If he says that he wont you are going to serve the defendant directly.
Re: serving notice
If you are the plaintiff who filed the claim, then you have to get a process server to serve the defendants unless the defendants' attorney is willing to accept service on behalf of his/her clients. The process server will provide you with a copy of the affidavit of service and file the original affidavit of service with the court, confirming that defendants were properly served with the claim/lawsuit.
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