
If you're expecting legal documents or involved in a lawsuit, every knock at the door or ring of your phone can feel stressful. A common question we hear from business owners and individuals alike is: "Will the process server call me before they show up?"
It is a fair question. You want to be prepared, and you certainly don't want a scene at your workplace or front door. However, the short answer is usually no. Process servers rarely call ahead. Understanding why they operate this way can help reduce your anxiety and help you know what to expect.
The element of surprise is a necessary tool in this industry. If a process server calls you to schedule a time to hand over a subpoena or divorce papers, it gives you the opportunity to avoid them. While most people handle their legal obligations responsibly, a significant number try to evade service.
If someone knows a server is coming, they might leave town, refuse to answer the door, or instruct their employees to lie about their whereabouts. This delays the legal process and costs the plaintiff more money.
There are exceptions, of course. In highly cooperative situations—perhaps a friendly witness who has agreed to testify—a server might call to find a convenient time. However, this happens in less than 5% of cases. For the vast majority, the server will simply arrive at your home or place of business unannounced.
Sometimes, locating a person requires more work than just showing up at an address. In these instances, professional investigation & surveillance may be necessary to determine a person's routine before service can be attempted.
Florida is a busy state with a transient population. From the high-rises of downtown Orlando to the quiet suburbs of Oviedo, people move frequently. This makes the job of a process server in Orlando Florida challenging.
Because Florida law has strict timelines for service, servers must be efficient. For example, in many civil cases, there is a limit of 120 days after filing the complaint to serve the defendant. If a server calls ahead and the defendant goes into hiding, that deadline approaches quickly, potentially jeopardizing the case.
Furthermore, avoiding service does not make the lawsuit go away. It only complicates matters and can lead to increased legal costs for the person being served.
Florida statutes are very specific about how legal documents must be delivered. A process server in Orlando Florida must follow these rules strictly to ensure the service is considered valid by the court.
Generally, the server must hand the documents to the person named in the lawsuit. If that person refuses to take them, the server can place the documents near the person and verbally announce what they are. This constitutes legal service.
If you're hard to find, a server might visit your home multiple times. They will try different times of the day—early mornings, evenings, or weekends—to catch you when you're most likely to be there.
For more detailed information on how we handle these deliveries, you can read about our process server services.
Attempting to dodge a process server can be expensive. While a standard service of process might cost between $60 and $100 depending on the urgency and location, difficult services that require stakeouts or skip tracing can quickly run into the hundreds of dollars.
Nationally, the average cost for standard service of process ranges depending on the complexity of the job, but businesses in Central Florida should expect competitive rates for standard delivery. If a defendant successfully evades service, the plaintiff may have to petition the court for "service by publication." This involves publishing the notice in a local newspaper for a set period, usually four consecutive weeks. Once this is done, the court considers you served, even if you never saw the newspaper ad.
This often leads to a default judgment against you, meaning the other side wins simply because you didn't show up to defend yourself.
If a server arrives at your business in Winter Park or your home in Kissimmee, the interaction is usually brief and professional. They will ask for your name to verify your identity. Once confirmed, they will hand you the documents.
They are not there to argue the case, give legal advice, or listen to your side of the story. Their only job is to ensure you have received the constitutional notification of the legal action against you.
If you're not home, Florida law allows for "substitute service." This means the papers can be left with any person residing at your home who is 15 years of age or older and understands the nature of the documents. So, ignoring the knock at the door might result in your teenager or spouse being served instead.
If you believe you're being sought by a process server in Orlando Florida, the best course of action is to accept the documents. Hiding only delays the inevitable and adds stress to your life. Once you have the papers, contact an attorney immediately.
You have a limited amount of time to respond to the court—typically 20 days for a civil summons in Florida. Ignoring the papers or throwing them away does not stop the clock.
We understand that legal matters are overwhelming. We are not a giant, faceless corporation; we are the folks who live and work right here in Central Florida, navigating the same I-4 traffic and summer storms that you do.
Whether you need to serve documents or require investigation services, we handle every case with discretion and professionalism.
Ready to move your case forward?
Contact Central Florida Process and Investigations today at (407) 495-1550.