Delray Beach, FL asked in Family Law for Florida

Q: HOW STRICT ARE THE FLORIDA RULES FOR FLORIDA CONSTRUCTIVE SERVICE / SERVICE BY PUBLICATION?

I was served by publication in a Family Court proceeding and the Petitioner prevailed by Default Judgement. However, the Petitioner's notarized signature nor the last name match the legal name or initial on the FL ID. For example: the person's name is "Amy Smith Jones" (First, Middle and Last) but they are signing "Amy Smith-Jones" and also conducting other business in their legal name. The FL ID (in this example) indicates "J" on the ID for "Jones".

I have contacted the Notary Bonding Company and the Attorney General's Office and they say that it fraud as using a hyphenated name requires a Court Ordered Name Change. They further stated that the notary and/or the individual could have opted for an AKA Statement or a Signature Affidavit or a Fictitious Name Filing with the State of Florida; none of which exist for this individual.

QUESTION: Because FL Statue and rules for Constructive Service are so precise and strict, does this make the Service by Publication invalid?

Related Topics:
2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Service by publication is when notice of the lawsuit is published in a newspaper. So notarization doesn't appear to have anything to do with it, except perhaps the affidavit of publication.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: You will be much better off if you stop looking for a legal hook and start looking for a legal defense.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.