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.

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • 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
Answered
  • 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

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