Full question:
Can a process server threaten a plaintiff over the telephone - that if he is not able to locate you he will publish a publication to foreclose on your property? Even though he was told that the foreclosure procedures are in error. I asked him to call the law firm that gave him the job and they will instruct him. He proceeded stating that that he did not care that he was going to move for a publication and I shall consider my self served. Please know that I was 30 miles away from home when he told me that he was moving for publication because every time he came to my house I was not in. Who governs the process servers in Florida? I also want to know; if the president of the condo association where we have a doorman and no one is allowed to come in without the consent of the homeowner, how he allowed the process server to come in and have the doorman walk into my apartment too?
- Category: Civil Actions
- Subcategory: Summons
- Date:
- State: Florida
Answer:
In Florida, process servers are governed by specific regulations. They must follow the rules set by the chief judge of each judicial circuit, who can establish a list of certified process servers. These individuals must meet certain qualifications and undergo annual recertification (Fla. Stat. § 48.27).
Threatening a plaintiff over the phone regarding foreclosure is inappropriate and may be considered harassment. A process server cannot unilaterally decide to serve you by publication without following proper legal procedures. If you are not at home, they must still adhere to the laws governing service of process.
Regarding the condo association, the president should not allow a process server access to your apartment without your consent. This raises questions about privacy and security protocols in your building.
If you believe your rights have been violated, consider consulting a legal professional for guidance on how to proceed.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.