What Is Service of Process?
Service of process is the formal delivery of legal documents — such as a summons and complaint — to a party, giving them notice of a lawsuit and an opportunity to respond. Proper service is a constitutional requirement of due process and is what gives a court personal jurisdiction over a defendant. Without valid service, a judgment can be void.
How Service Works in Florida
Service is governed by Chapter 48, Florida Statutes, and the Rules of Civil Procedure. Generally, a defendant is served by personal delivery by a sheriff or a certified process server, or by leaving the documents with a suitable person at the defendant's home (substitute service). Florida law provides specific methods for serving businesses, corporations, and out-of-state defendants, and — in limited circumstances where a defendant cannot be located — service by publication.
Why It Is Critical
- Valid service establishes the court's power over the defendant
- It starts the clock on the defendant's deadline to respond
- Defective service can be challenged and can invalidate a default or judgment
Related Terms
- Summons — The document delivered by service
- Jurisdiction — What proper service establishes
- Default Judgment — The risk of ignoring served process
Barnes Walker Litigation
Barnes Walker's litigation attorneys handle service, jurisdictional challenges, and civil litigation throughout Florida. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 48
Governs service of process in Florida — personal and substitute service, service on businesses and out-of-state defendants, and service by publication where permitted.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC