Common Mistakes in Service of Process (And How to Avoid Them)

Posted on January 25, 2025

Why Proper Service of Process Matters

Service of process is the foundation of any legal case. If done incorrectly, it can jeopardize your entire matter.

Here are the most common mistakes made in service of process—and how to avoid them.

1. Serving the Wrong Person

Florida law requires that documents be served on the correct individual or authorized agent. Serving a roommate, employee, or family member improperly can invalidate service.

Solution: Always verify identity and confirm authority when serving a business or corporation.

2. Incomplete or Incorrect Affidavits

An affidavit of service must be accurate and detailed. Missing times, locations, or descriptions can create legal challenges.

Solution: Work with a professional who provides properly formatted, court-ready affidavits.

3. Missing Deadlines

Many legal documents have strict deadlines for service. Delays can result in continuances or dismissal.

Solution: Use a responsive process server who prioritizes time-sensitive assignments.

4. Improper Substitute Service

Florida allows substitute service in certain situations—but only when specific requirements are met.

Solution: Hire an experienced professional familiar with Florida statutes governing substitute service.

5. Using Unqualified Individuals

Not everyone can legally serve documents. Using an unqualified person can invalidate service entirely.

Solution: Always verify licensing and credentials.

Protect Your Case

Mistakes in service of process can cost time and money. A professional process server ensures:

✔ Compliance
✔ Proper documentation
✔ Timely delivery
✔ Reduced risk of challenges

If you need dependable service in West Palm Beach or Palm Beach County, we’re here to help.