Service of Process
State-by-state requirements for serving defendants in foreclosure actions — covering sheriff service, private process servers, certified mail, service by publication, entity service, unknown parties, SCRA compliance, and proof of service.
Florida uses a county-level certified process server system. Attorneys may use the county sheriff, a sheriff-appointed special process server, or a court-certified process server. Service must be completed within 120 days of filing the complaint (Rule 1.070(j)).
Service Methods
- 1Failing to conduct a documented diligent search before moving to publication
- 2Using a process server certified in the wrong county
- 3Sending certified mail without restricted delivery — service is defective
- 4Missing the 120-day service deadline (Rule 1.070(j))
- 5Improperly naming unknown parties (not using the statutory naming convention)
- 6Failing to attach SCRA certificate to motion for default
County-Level Variations
Special process servers appointed by the sheriff are authorized only in the county of appointment. Newspaper legal ad rates and availability vary by county — confirm the newspaper meets §50.011 qualifications before publishing.