Orlando, FL asked in Civil Litigation for Florida

Q: What motion can I file if the defendant is avoiding service in Florida?

I have tried a sheriff and a private process server and both have filed affidavits that state the defendant is avoiding service.

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

A: If the suit is "... arising out of any transaction or operation connected with or incidental to any business or business venture carried on in this state by such [defendant]", you might be able to effect service on the secretary of State pursuant to Florida Statute 48.181 (4).

Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: One option is to file a motion for extension of time to serve, to extend the 120-day deadline, attaching to the motion the server's affidavits. You likely would need to set that (or any other motion) for hearing. Your other options depend on what type of case it is and whether the defendant is an individual or a business entity. Best to schedule a consultation with a lawyer.

Stephen Arnold Black agrees with this answer

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.