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Certified
Civil Process Servers
What
if we gave a trial and nobody came?
Are
you filing a civil lawsuit or divorce action in Miami-Dade County?
If so, you (or your attorney) will need to officially notify
the "other side" that a case has been filed against
them before your civil action can proceed. You may also need
to subpoena persons to appear in court or produce certain documents.
FREQUENTLY
ASKED QUESTIONS
Certified
Civil Process Server

What
does "service" mean as it relates to process servers?
"Service" is the official delivery of legal papers
on parties, witnesses or other people involved in a case.
Why
do legal papers need to be officially served?
Official
service of a summons and a copy of your complaint or petition
is necessary to start a legal action by giving the other side
formal notice there is a lawsuit filed against them. Otherwise,
your case cannot proceed through the court system.
After serving the other parties in your civil case, the process
server files a return of service with the Court so that the
judge will know this has been done according to the law. Civil
process servers also serve subpoenas (orders to appear in
court or produce documents) and other legal notices and may
be called upon to testify in Court if there is a question
about proper service.
Who
do I contact to serve my legal papers?
If
you haven't hired an attorney who can handle this for you,
click here for
a list of Certified Civil Process Servers on the Chief Judge's
approved list for the Eleventh Judicial Circuit of Florida,
Miami-Dade County.
Does
the Sheriff also do this?
Yes. Miami-Dade County's Sheriff's
Office has a Civil Process Bureau which can serve legal papers
at similar costs. The Court's program is not intended to compete
with the Sheriff's program, but rather to assist with serving
legal papers in the high number of civil cases filed in Miami-Dade
County.
I am filing
a lawsuit for $5,000 or less. Can the legal papers be served
by certified mail,
return
receipt requested?
Yes,
but only on Florida residents. Lawsuits up to $5,000 (excluding
court costs, interest and attorneys fees) are called small
claims cases and Miami-Dade
County's Clerk's Office can assist you in serving papers
by certified mail at no charge except the actual cost of mailing.
How
do I have legal papers served on a person or business outside
of Miami-Dade County?
You
may contact the Sheriff's Office in the county and state where
the person or the business can be served. The Clerk's Office
in that county may also be able to assist you.
How do I become a Certified Civil
Process Server with the Court?
Qualifications
- You must:
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Be
at least 18 years of age. |
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Have
no mental or legal disability. |
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Be
a permanent resident of the Florida. |
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File
a certificate of good conduct (included in the application
materials), certifying that there is no pending criminal
case against you, that there is no record of any felony
conviction against you, and that there is no record
of a conviction of a misdemeanor involving moral turpitude
or dishonesty within the past five years. |
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Pass
a background investigation including a review of your
criminal record, should one exist. |
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Pass
the Certified Civil Process Servers examination.
Fee
for the exam is $250. |
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Take
the Oath of Office administered by a sitting judge. |
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Purchase
and renew a $5,000 performance bond each year. |
Application:
Click here to download
application materials in pdf format. Requires Acrobat Reader-download
for free.
You may also pick up an application from Walter Cordle,
Jr., Program Coordinator, Room 911, Dade County Courthouse,
8:00 AM until 5:00 PM.
What laws govern Certified Civil Process
Servers?
Chapter
48, Florida
Statutes, in particular Sections 48.25 - 48.31, the "Florida
Certified Process Servers Act." See also, Administrative
Order 98-28; Florida
Rules of Civil Procedure 1.070 and 1.080; and, Florida
Small Claims Rule 7.070.
Whom
do I contact for further information?
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Walter
D. Cordle, Jr., Coordinator
Certified Civil Process Servers Program
Dade County Courthouse, Room 911
73 West Flagler Street
Miami, FL 33130
(305) 349-7707
8:00 AM - 5:00 PM, Monday through Friday, excluding
court holidays
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