Legal Question in Wills and Trusts in Florida
I am requesting a free public question about service of process in the state of Fl. Does a person need to be personally served by a sheriff or it's equivalent when they are sued in a circuit civil court concerning a trust matter. Or is mail service sufficient? Does the 21 days to answer the complaint begin when served by mail? Or does the 21 days begin to answer the complaint after a person is served by a sheriff?
2 Answers from Attorneys
Hi. Personal service would be required. Mail would not suffice. There are 20 days to file an answer. The 20 days begins the day after the service of process.
Mr Slater is accurate. I write only to state that service in a small claims case is accomplished by mail AND 20 days to answer are not part of that scheme. You have to show up at the pretrial. no formal answer is required. Small claims rules are different.