Q 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.
Q 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.
Q 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.
Q Does the Sheriff also do this?
Yes. Miami-Dade County 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.
Q 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.
Q 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.
Q How do I become a Certified Civil Process Server with the Court?
| 11th Judicial Circuit Certified Civil Process Server Standards and Requirements | |
|---|---|
| YOU MUST: | |
| 1. | Be a permanent resident of the State of Florida. |
| 2. | Be at least eighteen (18) years of age. |
| 3. | Have no mental or legal disability. |
| 4. | Submit to a background investigation which shall include a review of the applicant's criminal record, if any exists. |
| 5. |
Obtain and file with the application a certificate of good conduct which specifies all of the following:
|
| 6. |
Submit to a written examination testing the applicant's knowledge of laws and rules regarding the service of process.
The Chief Judge has approved the Florida Association of Professional Process Servers' (FAPPS) sixteen (16) hour education course for new applicants and the four (4) hour continuing education course for renewing process servers to meet the process server program requirements. |
| 7. | Execute a performance bond with a surety company authorized within Miami-Dade County in the amount of Five Thousand Dollars ($5,000). |
| 8. | Take an oath that he or she will honestly, diligently, and faithfully exercise the duties of a certified process server. |
| 9. | An applicant who completes the requirements set forth in Chapter 48 and set forth in Administrative Order 24-08 A1 shall be eligible to be placed on the approved list of process servers to serve initial non-enforceable civil process as may be authorized in §48.27, Florida Statutes. |
Applicants will only be accepted through the Civil Process Servers Online Portal. Important dates can be found in the Civil Process Servers page.
Q 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 16-11; Florida Rules of Civil Procedure 1.070 and 1.080; and, Florida Small Claims Rule 7.070.
Q Whom do I contact for further information?
Certified Civil Process Servers Program
Osvaldo N. Soto Justice Center, Room 12.203
20 NW 1st Avenue
Miami, FL 33128
cps@jud11.flcourts.org
8:00 AM - 5:00 PM, Monday through Friday, excluding court holidays