What If I Can’t Find the Person I Need to Serve?

Process serving in Orlando is straightforward when the person you need is right where they’re supposed to be. But what happens when the defendant has moved, is evading service, or seems to have disappeared entirely?

For legal professionals and General Counsel managing cases in Central Florida, a missing defendant can stall proceedings and increase costs. Knowing the specific steps required by Florida law—from diligent search to constructive service—keeps your case moving forward without risking a dismissal.

What Are Florida’s Requirements for Personal Service?

In Florida, personal service is the gold standard and the primary method required by the courts. Florida Statutes generally require that the process be delivered directly to the person to be served, or left at their usual place of abode with any person residing therein who is 15 years of age or older and informed of the contents.

Why does this matter?
Courts want assurance that the defendant has actual notice of the lawsuit. If you skip straight to alternative methods without exhausting personal service attempts, a judge will likely reject your motion for constructive service.

Our team at Central Florida Process and Investigations has handled thousands of these situations across Orange, Seminole, and Osceola counties. We know that judges in the Ninth Judicial Circuit look for specific evidence that you truly tried to find the individual before asking for special permission to serve them another way.

How Do I Document a Diligent Search?

Before you can ask the court for help, you must prove you’ve done everything possible to locate the individual. This is called a "diligent search and inquiry."

Start by documenting every attempt. If our process server visits an address in Dr. Phillips and finds the house vacant, we log that with photos and GPS data. If neighbors in Winter Park say the subject moved "somewhere near the coast," we note that too.

Steps to take immediately:

• Verify the Address: Check the Property Appraiser's website for Orange or Seminole County.
• Postal Checks: Send a request to the USPS for a forwarding address.
• DMV Records: Check driver’s license and vehicle registration records (permitted for permissible uses).
• Professional Investigation: This is often the differentiator. Our investigation & surveillance team digs deeper than basic database searches. We look for utility connections, credit header activity, and even social media footprints to establish a current location.

What Resources Can Help Locate Someone in Orlando?

Local resources are your best asset when a defendant goes off the grid. While national databases are useful, they often lag real-time events.

Effective local strategies include:

• Utility Checks: Confirming if water or power is active at a specific address in Orlando or Kissimmee.
• Correctional Facilities: Checking the Orange County Jail or Florida Department of Corrections databases. It’s surprisingly common for a "missing" person to be in custody.
• Hospital Checks: In rare cases, the individual may be hospitalized.
• Employment Verification: Investigating current or past employers listed in public records.

When standard attempts fail, hiring a process server who specializes in skip tracing makes a significant difference. We charge between $75 and $150 for comprehensive skip tracing services, which saves you money compared to billable attorney hours spent on administrative searches.

When Can I Use Substituted Service?

If you can't serve the individual personally, substituted service is often the next best option. This allows you to serve someone else on behalf of the defendant.

Who can accept service?
Florida law allows service on a spouse (if the action is not between spouses), or a person residing at the defendant's usual place of abode who is at least 15 years old.

Specific scenario:
We recently handled a case in Lake Nona where the defendant refused to answer the door. However, his 17-year-old son was home. By serving the son and explaining the contents of the documents, we achieved valid service without ever physically handing papers to the father.

This method works well, but you must prove that the location is indeed the defendant's "usual place of abode." If the defendant has moved out and only visits occasionally, substituted service at that address might be challenged.

What Is Constructive Service by Publication?

Constructive service, often called service by publication, is the last resort. It allows you to publish a notice in a local newspaper (like the Orlando Sentinel or a designated legal specialized publication) instead of delivering papers personally.

When is it appropriate?
You can typically use this method for cases involving property (like foreclosure or partition), divorce, or paternity, provided you can prove the defendant cannot be found or is concealing themselves.

The "Due Diligence" Hurdle:
The court will not grant this easily. You must file an Affidavit of Diligent Search showing you exhausted every lead. If the judge sees you didn’t check the jail logs or failed to follow up on a forwarding address found in a skip trace, they will deny your request.

Why Is the Affidavit of Diligent Search Critical?

The Affidavit of Diligent Search is your evidence. It is a sworn statement detailing exactly what you did to find the person.

What to include:

• Dates and times of service attempts.
• Results of postal and DMV checks.
• Details of conversations with neighbors or relatives.
• Outcomes of database searches.
• Confirmation that you checked telephone directories and property records.

An incomplete affidavit is the most common reason service by publication is denied. Our team ensures every affidavit we prepare meets the strict standards of Florida Statute Chapter 49. We detail the specific efforts, such as checking records in the jurisdiction where the person was last known to reside, to show the court you left no stone unturned.

How Does Court Approval Work for Service by Publication?

Once your affidavit is filed, the clerk or judge reviews it. If satisfied, they will issue a Notice of Action.

The Process:

1. File the Affidavit: Submit your sworn statement of diligent search.
2. Issue Notice: The clerk issues the Notice of Action.
3. Publish: You must publish the notice in a qualified newspaper in the county where the action is pending. It usually runs once a week for four consecutive weeks.
4. Proof of Publication: The newspaper provides an affidavit confirming the publication, which you file with the court.

If the defendant does not respond within the time specified in the notice (usually 30 days after the first publication), you can move for a default judgment.

Cost consideration:
Publication costs vary but typically run between $100 and $300, depending on the newspaper and length of the notice. This is in addition to the process server fees and court filing fees.

Need Help Locating a Defendant in Central Florida?

Finding an evasive defendant requires more than just luck; it requires a systematic approach and deep knowledge of local resources. Whether you need a process server Orlando Florida to knock on doors or a skilled investigator to run a comprehensive skip trace, we can help.

Don't let a missing party delay your case. Contact Central Florida Process and Investigations at (407) 495-1550 today. We’ll help you complete the diligent search required to move your legal matter forward.