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How Many Attempts Does a Process Server Make in Florida?

How Many Attempts Does a Process Server Make in Florida?

You have a court date coming up in Orange County, and the clock is ticking. You need to notify the other party, but they aren't making it easy. Maybe they live in a gated community in Lake Nona, or perhaps they are actively dodging you. You might be wondering how hard a process server will try before giving up.

It's a common fear that a server will knock once at 2:00 PM on a Tuesday, get no answer, and walk away. That leaves your case stalled and your legal fees climbing. In Florida, simply trying once isn't enough. The court requires "due diligence," which means making a genuine, persistent effort to reach the person involved.

Whether you're dealing with a divorce, a lawsuit, or a subpoena, getting papers served correctly is the only way your case moves forward. Here is what you can expect regarding service attempts in the Sunshine State.

What Does Florida Law Require for Service Attempts?

Florida law does not mandate a specific number of attempts a process server must make. Instead, the standard is "due diligence," which means the server must make a reasonable and earnest effort to locate and serve the individual. Judges typically look for attempts made at different times of the day and on different days of the week to prove this effort was made.

Florida Statute 48.031 outlines how service must happen, but it leaves the "how many times" part open to interpretation. This is where expertise matters. A judge in downtown Orlando might reject a service affidavit if the server only went to the house three times during working hours. They want to see that we tried to catch the person when they were likely home, like early mornings or weekends.

If simple attempts fail because the person is hiding or the address is wrong, you might need more than just a knock on the door. This is where investigation & surveillance come into play. Sometimes we need to watch a property to see when the person actually comes and goes, rather than guessing.

What Is the Standard Number of Attempts?

Most professional process servers in Florida include three to five attempts in their standard fee. These attempts aren't random; we space them out to maximize the odds of contact. We typically try once in the morning, once in the evening, and once on a weekend. This pattern covers the most likely times someone will be home.

While three attempts are the industry baseline, the specific situation often dictates the real number. If we pull up to a house in Winter Park and see the subject's car in the driveway but nobody answers, we aren't just going to leave and count it as a "loss." We wait. We check for movement. Likewise, we might come back an hour later.

In our 30+ years serving Central Florida, we’ve learned that tenacity counts. A Sheriff's deputy typically makes a few attempts during their shift hours (often 9-5) and then returns the papers as unserved. A private process server Orlando Florida residents trust will work around the subject's schedule, not their own.

What Factors Delay Service in Central Florida?

Service delays often happen when people live in gated communities or secure apartment complexes where access is restricted. In areas like Dr. Phillips or MetroWest, getting to the front door can be half the battle. If a guard won't let us in, we can't just barge through.

Other common factors include:

  • Evasion: Some people know a lawsuit's coming. They won't answer the door for strangers, or they stay with friends to avoid detection.
  • Bad Information: If you provide an old address, we waste attempts at a house where the person no longer lives.
  • Time Constraints: If you hand us papers two days before the court date, we have a small window to make those 3-5 attempts.

When someone is intentionally avoiding service, the job gets harder. We often see this in family law cases. A spouse doesn't want to sign divorce papers, so they pretend they aren't home. In these cases, a standard process server knows how to document every detail—cars in the driveway, lights on, noises inside—to prove to the judge that the person is evading.

What Happens If They Cannot Be Served?

If repeated attempts fail, you can ask the court for "substituted service" or "service by publication," but only after proving you tried everything else. You must show an affidavit of diligent search and inquiry. This document lists every attempt, every database check, and every neighbor spoken to. It proves you did your homework.

Substituted service allows us to leave the papers with someone else at the residence who is over 15 years old. So, if the husband won't open the door but his 17-year-old son does, we can legally serve the son.

Service by publication is a last resort. This involves running a notice in a local newspaper for four consecutive weeks. It’s expensive and time-consuming, usually costing between $100 and $300 just for the publication fees, plus the time lost waiting. Most clients prefer a process server Orlando Florida, professionals use to exhaust every other option first.

Why Choose a Private Server Over the Sheriff?

Private process servers operate faster and offer more communication than the Sheriff's Office. While the Sheriff charges a lower flat fee (usually around $40), their turnaround time can be weeks. They treat service of process as a lower priority compared to law enforcement duties. A private server focuses 100% on getting your papers delivered.

When you hire a private company, you pay for speed and flexibility. We don't clock out at 5:00 PM. If the subject works the night shift at a theme park and sleeps all day, we will go knock on their door at 8:00 PM or 6:00 AM.

Also, consider the success rate. A deputy might knock loudly, wait 30 seconds, and leave. We talk to neighbors. We verify vehicles. Not only that, but we look for packages on the porch that confirm residency. That extra effort is often the difference between "Served" and "Non-Served."

How Can You Help Speed Up the Process?

You can speed up service by providing the most accurate, up-to-date information possible before we start. A recent photo of the individual is incredibly helpful. It stops the subject from opening the door and claiming, "He doesn't live here," when we are staring right at him.

Tell us about their routine. Do they drop kids off at a specific school every morning? Do they have a gym membership they use every Tuesday night? This intel allows a process server Orlando, Florida expert to wait at the right place at the right time, rather than driving blindly to a home address.

Providing gate codes or notifying the guard at your own community (if the subject lives with you or in the same complex) also saves huge amounts of time. The less time we spend fighting for access, the more time we spend getting your papers served.

Get Your Papers Served the Right Way

You don't have time for missed attempts or lazy service. You need someone who knows the local area, from the backroads of Osceola County to the high-rises downtown. At Central Florida Process, we have been handling sensitive legal documents since 1989. We know what "due diligence" really looks like, and we get the job done.

Call Central Florida Process and Investigations today at (407) 495-1550 to get started.

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