Category: Florida Law Blog

How To Enforce A Child Custody Agreement In Florida

How to Enforce a Child Custody Agreement in Florida

If you need legal help from a divorce and family law/paternity attorney to answer how to enforce a child custody agreement in Florida, call the Jacobs Law Firm for help and guidance when you need it the most. Dial 407-335-8113 today. Your attorney may file a Motion for Enforcement (titled a Motion to Enforce Parenting Plan Florida or a Motion for Civil Enforcement/Contempt Florida Supreme Court Approved Family Law Form 12.960). This Motion does not need to include a count for contempt, though many argue it should. Consider several common situations among parents and decide how you may choose to respond. Placing yourself in the shoes of another parent is a challenge. It is only natural that the further removed two parents and/or former spouses are from their romantic relationship, there can be a degradation of trust about one another’s character and parental abilities and intentions. Over time, many parents see their communications dwindle and the resulting lack of information sharing may cause unforeseeable problems.

How To Enforce A Child Custody Agreement In Florida

How to enforce a child custody agreement in Florida is by considering whether you are prepared for additional litigation in your divorce or paternity case when there are minor children being affected. A Motion for Civil Enforcement/Contempt is designed to help a parent enforce a court-ordered parenting plan. A court has the discretion to enforce a parenting plan, and in doing so, may also hold the other parent in contempt which may involve certain financial or other severe penalties.

A Motion for Civil Enforcement/Contempt in Florida

A Motion for Civil Enforcement/Contempt in Florida is initiated by a parent that wants to inform the family law circuit court about the other parent’s inability, unwillingness, or outright refusal to comply with their Florida parenting plan. Timesharing is seldom honored to the letter of a parenting plan because life happens and circumstances change. Nevertheless, as mentioned earlier, clients may want to examine a few hypothetical situations and assess how you would respond. How to enforce a child custody agreement in Florida? Would you file the Motion for Enforcement only, or do you believe a count for contempt is the only way to assure the other parent’s compliance?

A Motion for Civil Enforcement/Contempt in Florida

In scenario #1, Parent 2 is supposed to drop the child off every Friday after school to Parent 1’s house by 6:00 P.M. Instead, Parent 2 brings the minor child home and Parent 2’s girlfriend supervises the child until 8:00 at night before transporting the child to Parent 1’s house. Parent 1 is suspicious of Parent 2’s girlfriend and does not trust her driving safety. Would you file a Motion for Civil Enforcement/Contempt?

In scenario #2, Parent 1 is supposed to follow the clause in the parenting plan about a right of first refusal. Instead, Parent 1 often leaves the minor child at home overnight while Parent 1 goes on a work trip or engages in social activities at night. Parent 2 does not want their child left with a babysitter overnight and wants Parent 1 to abide by the parenting plan by offering them the right to timesharing when Parent 2 is away. Would you file a Motion for Civil Enforcement/Contempt in this situation to enforce the child custody agreement?

In scenario #3, Parent 1 does not allow Parent 2 to have telephone or video communications with their kids even though the parenting plan clearly specifies this should happen every night at 7:30 P.M. Would you choose to file a Motion for Civil Enforcement/Contempt to ask the court to enforce this portion of the parenting plan?

During your hearing on enforcement and contempt, the judge will hear evidence, the testimony of the parties and their witnesses, and will decide how best to resolve the issues before the court. If the court determines the parenting plan has been violated, the court may order the offending party to pay for the movant’s attorney fees, order make-up timesharing, impose jail time, modify the parenting plan, and a host of other remedies may be applied.

How to enforce a child custody agreement in Florida is by standing up for your rights as a responsible parent. Florida family law courts generally prefer that litigants resolve their own differences and work together to parent for the best interest of their children. When there is no reasonable alternative and the facts allow for a good faith Motion For Civil Enforcement/Contempt, call the Jacobs Law Firm paternity attorney Orlando and family lawyer Orlando for help.

Shared Parental Responsibility Florida

Shared Parental Responsibility Florida

In family law and divorce cases involving minor children, the circuit court must determine whether the parents of the minor children at issue in the case will have shared parental responsibility Florida. The Court is obligated to order shared parental responsibility under Statute 61.13, unless it is determined such an order would be detrimental to the welfare/best interests of the children. Some examples of shared parental responsibility being detrimental to the children include abuse, neglect, and certain crimes causing a parent to be incarcerated for a majority of the children’s minority. What is shared parental responsibility in Florida? Call to speak with a child custody attorney about your divorce or family law case 407-335-8113.

What is shared parental responsibility in Florida?

What is shared parental responsibility in Florida? To understand what shared responsibility means, we look to Statute 61.046 for a definition of the term. Florida Statute 61.046 defines shared parental responsibility as “a court-ordered relationship in which both parents retain full parental rights and responsibilities with respect to their child and in which both parents confer with each other so that major decisions affecting the welfare of the child will be determined jointly.” If you are a great co-parent and your ex-partner or spouse is also a terrific parent and communicator, shared parental responsibility in Florida can be a wonderful guideline. However, for everyone else, break ups often cause an absence of communication and opinions differ as to how best to raise a child.

What is shared parental responsibility in Florida

As a petitioner or a respondent in a family law case involving minor children, you will need to decide what level of parental responsibility to petition for. There are three primary categories of parental responsibility in our State. The first, as mentioned earlier, is the court’s statutorily preferred shared parental responsibility. The second is shared parental responsibility with ultimate decision-making authority, and the third is sole parental responsibility. Providing the court rules, or the parties agree, and the court affirms that shared parental responsibility Florida is best for the children, what exactly does that mean for the parents and the kids?

Sharing parental responsibility affects all decisions involving the minor children. That may be too broad of a statement for you to get a sense of what shared parental responsibility is in our State. Specifically, many litigants believe shared parental responsibility in Florida generally involves decisions about a child’s education, healthcare, and extracurricular activities. Typically, one parent (the primary timesharing parent) believes he or she is better-suited to making day-to-day decisions about their child’s schooling, doctor visits and care, and whether extracurricular activities (sometimes involving sports, religion, dancing, etc.) are appropriate.

Ultimately, family law circuit courts, in coordination with the State Legislature, believe the best policy is for parents to be awarded shared responsibility unless a different approach is warranted based on the facts admitted into evidence. If you would like to speak with a child custody attorney about your divorce or family law case, contested or uncontested, call Attorney Jonathan Jacobs of the Jacobs Law Firm to determine your rights and responsibilities. Dial 407-335-8113 today.

How To Stop Child Support From Suspending Your License

How To Stop Child Support From Suspending Your License

Have you received a letter from the Florida Department of Revenue threatening to suspend your driver license for overdue child support? Have you asked how to stop child support from suspending your license? After calling your affordable family law attorney in Orlando, family lawyer in Seminole County, the next step may be to file a motion to contest driver’s license suspension for delinquent child support in the county court where your Florida child support case is active. Florida Statute 61.13016 governs child support license suspension Florida for past due child support relating to a paternity case. Call 407-335-8113 or e-mail Admin@jjlawfl.com to schedule a consultation for your paternity or family law child support case.

child support license suspension Florida

If the Florida Department of Revenue has sent you a letter claiming you are past due on child support payments and the allegations are false, you may need to immediately file a motion to contest driver’s license suspension for delinquent child support to prevent a child support license suspension in Florida. The Florida Department of Revenue exists to protect parents and their children from financial hardship when a non-custodial parent (a parent that has not yet established his parental rights through a paternity lawsuit) has not made financial contributions to the support of a minor child. These cases often involve Title IV-D cases where the State contributes to a child’s health care or provides some other form of anti-poverty relief. However, there are countless child support cases open throughout the State of Florida and the facts of every case are different. The State’s role is enforcement and they do not always have all the facts correct. This may lead to clerical errors or a lack of communication between local child support offices and the DOR itself causing a child support license suspension in Florida.

Motion To Contest Driver’s License Suspension For Delinquent Child Support

Affordable family law attorney in Orlando, family lawyer in Seminole C ounty knows How to stop child support from suspending your license by contesting their allegations and providing irrefutable proof of your child support payments. If you are compliant and have been paying according to an order for support, your license should not be suspended, and you should not face hardship for following the law. Mistakes occur but the facts should prevail.

Out of an abundance of caution, your Orlando child support attorney may also send copies of your motion to contest driver’s license suspension for delinquent child support to the DOR office in Tallahassee as well as to your local child support depository in the county where your case is litigated to prevent child support license suspension Florida. Furthermore, you may visit your local child support office with proof of your payments and ask how to stop child support from suspending your license. Affordable family law attorney in Orlando, family lawyer in Seminole County Jonathan Jacobs is available for you when you have been wrongly accused of failing to pay child support in Florida and are facing a child support license suspension Florida. Call 407-335-8113 or e-mail Admin@jjlawfl.com for a free initial consultation.

Florida uncontested divorce process

Florida Uncontested Divorce Process

The Florida uncontested divorce process generally involves less or no litigation, lower attorney fees, typically takes less time than a traditional contested divorce, and might not require you to appear in court. The process begins when our new client calls, e-mails or text messages our office. The Jacobs Law Firm, uncontested divorce attorney in Orlando, Uncontested divorce attorney in Seminole County, and all throughout Central Florida, will be happy to hear from you about your amicable divorce case. Our office may be reached at 407-335-8113 by phone or by text, and if you prefer to e-mail us about your family law matter please send your message to admin@jjlawfl.com.

The Florida uncontested divorce process with our firm begins when you fill out our client intake form to enable us to see the issues in your case. Some of the questions include: Do you have assets and/or liabilities/debts together as a married couple? Do you own or finance or lease cars or an apartment together? Do you own real property (houses, condos, townhomes, mobile homes, etc.) as a married couple? Do you have a prenuptial agreement in place? Beyond your assets and debts, do you have minor children together?

The Uncontested Divorce Process in Florida How Does it Work?

Once we know the vital information about your case, we can begin drafting your pleadings (initial divorce papers required to be filed with the court when you are ready to start your case), make sure your spouse is willing to accept service, and begin negotiating a reasonable settlement to help your case remain amicable and uncontested. The uncontested divorce process in Florida can be labyrinthine without a divorce attorney guiding the way. We often provide reasonable solutions to foster compromise on important issues. When spouses are divorcing, it often occurs that compromise is tougher than usual. This is another reason hiring an uncontested divorce attorney in Osceola County Florida, or anywhere in Central Florida can make a real difference in the outcome of your case.

When spouses have minor children, the uncontested divorce process in Florida must include a parenting plan, child support calculations, and the parties generally must provide a financial affidavit. While discovery may be limited in comparison with the general mandatory disclosures, most Florida family law courts require both parties to provide a financial affidavit. Child support is based on the parties’ incomes and expenses for the children.

The Florida uncontested divorce process does not need to take months or years and it does not have to be one filled with bickering. Uncontested divorces can offer a lot of relief to spouses that are preparing for financial changes in their post-marital life. Call Jonathan Jacobs, uncontested divorce attorney in Lake County Florida and all of Central Florida, for the help you need today. 407-335-8113.

How Much Does an Uncontested Divorce Cost in Florida

How Much Does an Uncontested Divorce Cost in Florida

How much does an uncontested divorce cost in Florida? The cost of uncontested divorce in Florida (the filing fee paid to the Clerk of Court) is approximately $408.00 along with the statutory convenience fee charged to both pro se litigants and attorneys. The price works out to be about $424.00 with the court’s small additional fee. How much is an uncontested divorce in Florida when you have children? The cost remains the same from the standpoint of the Clerk of Court. The major difference in cost occurs when the divorce ends up being contested. In a contested divorce proceeding, the petitioner also has to pay for a summons and service of process, in which case the overall fees are generally closer to $500.00. Jonathan Jacobs is an uncontested divorce attorney in Orlando, Lake County, Orange County, Osceola County, Seminole County and all throughout Central Florida. Our family law retainer and flat fees for uncontested divorces are affordable. We offer installment payment plans to help clients get through their difficult divorce proceedings. Call us when you want to talk about your uncontested divorce in Florida at 407-335-8113 or send us a confidential e-mail to admin@JJLawFL.com. The Jacobs Law Firm wants to hear from you!

How much does an uncontested divorce cost in Florida?

The cost of uncontested divorce in Florida is generally more affordable because divorce and family law attorney fees are usually much lower when no litigation is required. In fact, if our role is to act as a document drafter and as a negotiator more so than a litigator in court, your attorney fees will be much more affordable. How much does an uncontested divorce cost in Florida when spouses do not have any minor children (you do not have kids together, no adoption has occurred, and/or your kids are over 18)? In most cases we charge clients less when their divorce involves financial division and there are no minor children. There is usually less paperwork and planning involved when there are no minor kids to consider.

cost of uncontested divorce in Florida

Hiring an Uncontested Divorce Attorney Can Save You Money

How much is an uncontested divorce in Florida when spouses have minor children? The cost of uncontested divorce in Florida when you have kids is a little higher when retaining an attorney because we will need to create a parenting plan to suit your needs, and concurrently calculate child support based on your overnight timesharing arrangement. Often, the higher your timesharing overnights with your children, the more advantageous your child support calculations can be.

The Jacobs Law Firm has helped many amazing spouses with their uncontested divorces. Our goal is to help clients find reasonable resolutions to their most complex family and financial issues to help them save on cost and allow an easier transition to post-marital life. We hope we have in part answered your questions about how much does an uncontested divorce cost in Florida and the initial cost of uncontested divorce in Florida. Call us at 407-335-8113 or e-mail us at admin@jjlawfl.com for a confidential divorce or family law consultation.

How much is an uncontested divorce in Florida

Uncontested Divorce Florida No Court Appearance

Uncontested Divorce Florida No Court Appearance

An uncontested divorce in Florida with no court appearance is generally allowed for litigants represented by a divorce attorney. When you hire a divorce and family law attorney, it is likely the judge will approve your dissolution of marriage (by final judgment) in a shorter period of time than if you are pro se (self-represented). A philosophy shared by many within Florida family law courts is that attorneys are officers of the court and have knowledge and expertise in courtroom procedure. This allows for the process to be done well and in a timely manner. There are many reasons it is advantageous to hire an uncontested divorce attorney in Orlando, Tavares, Clermont, Kissimmee, Sanford, DeLand, Bartow, Bushnell, etc. If you and your spouse are in agreement in some or most issues, and want an amicable divorce or an uncontested divorce Florida no court appearance, call the Jacobs Law Firm, uncontested divorce attorney in Orlando, Osceola County, Polk County, Lake County, Seminole County, for a free initial uncontested divorce consultation 407-335-8113.

https://youtu.be/kFjbC_oeQ1E

An uncontested divorce in Florida with no court appearance is not a simple legal matter. When you and your spouse own property together (cars, houses, bank accounts, retirement accounts, stocks, bonds, etc.), and/or have debts/liabilities together (credit card debt, mortgage loans, car loans, personal loans, IRS tax debts, student loan debts, etc.), it is important to equitably divide those assets and liabilities in your divorce. When spouses leave out important information from their marital settlement agreements, it can result in the reopening of a divorce case, as well as in confusion after a case is purportedly over. Hiring an uncontested divorce attorney allows spouses to draft settlement agreements that account for the full portfolio of assets and debts between the two parties. Legally trained divorce attorneys write marital settlement agreements for clients.

Uncontested Divorce in Florida with No Court Appearance

Uncontested Divorce in Florida With No Court
Appearance

An uncontested divorce Florida no court appearance is helpful because many people do not want to appear before a judge for a lot of different reasons. Sometimes, having to appear before a judge means that the petitioner must take off a day from work. Many petitioners prefer to exercise self-determination over their own case and do not want judicial officers making recommendations to them. Or perhaps, when seeking an uncontested divorce in Orlando or elsewhere, spouses want to ensure their attorney handles all of the details for them. Hiring a divorce attorney is a major decision where clients place their trust in the lawyer to act in their best interest.

An uncontested divorce Florida no court appearance is allowed in a large number of counties in Florida. Generally, if you have a divorce attorney, and all issues are settled, and your divorce papers are drafted, executed, and filed correctly, many courts will allow your attorney to finalize your case without requiring your appearance in court. Call uncontested divorce attorney in Lake County Jonathan Jacobs for the help you need to keep your divorce amicable. Dial 407-335-8113 today.

Coronavirus and Divorce in Florida

Coronavirus and Divorce in Florida

You are locked away (in a manner of speaking) with your spouse for weeks. There are shortages of toilet paper, food, and mostly, shortages of patience. This is the reality of coronavirus and divorce in Florida, also known as Covid-19. If you were already experiencing marital discord (arguments, disagreements, financial woes, etc.) being isolated with your spouse might exacerbate that situation. During times of a pandemic there is some degree of mass panic that may cause an elevation in stress levels. Thus far, although many Florida courts have cancelled in person appearances, attorneys such as divorce attorneys and family law attorneys may still file divorce and paternity pleadings. Call the Jacobs Law Firm, offices Winter Park and Clermont Florida for the help and guidance you need at 407-335-8113, for uncontested divorce in Florida or contested divorce representation.

https://www.youtube.com/watch?v=qI9k27zU3Ao

Coronavirus
and Divorce in Florida

Florida already has a higher than average divorce rate as compared with national statistics. Coronavirus and divorce in Florida may elevate that number. What we know is that we are temporarily, though indefinitely, in a state of national emergency. Stores are largely empty on certain essentials such as toilet paper, hand sanitizers, soaps, bleach, and bottled water. There is a measure of panic out there. Being married is stressful at times, but when we factor in the reality of the impact on businesses and cuts in hours due to non-essential employees being in some instances asked to stay at home, marriages may suffer serious financial hardships. Mortgages may go unpaid, and other bills may go unpaid raising the amounts due. This is serious and is an unfortunate reality. Whether we blame another nation for the outbreak, or our government, or out media for hyping the impact of the virus, the fact remains that even sports and large events are cancelled. It feels like society is at a standstill for a month or longer.

Coronavirus and divorce in Florida go hand-in-hand because marital problems may worsen during times of high tension and stress. If spouses have children, the kids need to be provided for now more than ever. Many schools are closing, leaving kids at home, and requiring one of the parents stay at home to supervise then. This may lead to disputes over whose job is more important and which parent should make the sacrifice of staying at home. Hopefully, employers will recognize this and understand this essential need that families have. Nevertheless, there are many potential stressors that could factor into marriages becoming irretrievably broken.

Ideally, the coronavirus and divorce in Florida will in fact lead to more time together, and closer and more strong bonds with family. Perhaps having a stay-cation with one’s family will help communications get better and will allow for some rare, but well-needed rest and relaxation. There can be an upside to all of this hullabaloo.

Jonathan Jacobs practices divorce (uncontested divorce as well) family law, and civil litigation in Orlando, Kissimmee, Tavares, Sanford, and all throughout Central Florida.

Case Management Conference Florida Divorce

Case Management Conference Florida Divorce

Florida Family Law Rule 12.200 establishes the purpose and parameters of a case management conference Florida divorce. This Rule provides for a lot of options for attorneys to help their client’s divorce case. Litigants may schedule a case management conference after 30 days from the date of service of the petition for dissolution of marriage or the paternity petition. Rule 12.200 also acknowledges that a Florida family law court may sua sponte (on its own volition) order the parties and their attorneys to attend a case management conference in a Florida divorce. If you need a divorce attorney in Orlando or a divorce attorney in Clermont to help you resolve the challenging issues in your case, call us for a consultation, 407-335-8113.

According to Rule 12.200, at a case management
conference Florida divorce, the court has the authority to (this is not a full
listing, rather it is intended to address some common reasons for setting a
conference) set a date certain for trial, narrow or expand discovery, hear
arguments for the necessity of expert witnesses, order the parties to attend
mediation within a certain period of time, appoint a guardian ad litem,
commence a social investigation, and/or schedule further proceedings to address
contentious issues in the case.

https://youtu.be/BcmRIWMdD5M

A case management conference in a Florida divorce is among the most useful tools in an attorney’s arsenal. It enables attorneys to appear before the judge to explain the other side’s lack of compliance with discovery and/or other required disclosures or filings. A case management conference can also hasten the pace of a divorce or paternity case that has slowed down considerably due to a refusal to set a matter for a hearing or otherwise. It serves as a vehicle for resolving issues by court order.

When Do You Need A Case Management Conference In A Florida
Divorce?

You do not always need a case management conference in a Florida divorce. It is a tool in the toolkit of attorneys that may be used at an appropriate time. For any number of reasons, including slow-peddling and failure to provide mandatory disclosures, a case management conference can serve the purpose of having the court remind the litigants of their responsibilities (such as taking a genetic test in a paternity action). Cases sometimes go the distance (to trial) because the parties feel the need to have the judge decide their case. Similarly, when one party is non-compliant with the courts rules and protocols, a case management conference Florida divorce can make a substantial difference. Timesharing with the children is often a discussion that happens during these conferences.

Jonathan Jacobs is an uncontested divorce attorney in Orlando, Seminole County, Lake County, Osceola County, and anywhere in Central Florida. Call for a consultation today, 407-335-8113.

uncontested divorce attorney Seminole County Florida

Uncontested Divorce Attorney Seminole County Florida

Jonathan Jacobs is an uncontested divorce attorney Seminole County Florida that works closely with spouses seeking an amicable divorce. An amicable divorce can offer many benefits and positive outcomes for couples that prefer to resolve their differences on their own terms. One of the first steps in this process is filling out our client intake form. After you have filled out our Jacobs Law Firm’s introductory client intake form, the first phone consultation is free. We can schedule your phone call quickly and get you on our calendar. Why wait days or weeks when you need answers to your most pressing questions? Attorney Jonathan Jacobs is a divorce attorney Orlando and divorce attorney Clermont FL that provides family law consultations and legal services to valued clients. Call today to speak with us, 407-335-8113 or send us a confidential e-mail about your case admin@JJLawFL.com.

An uncontested divorce attorney Seminole County Florida can tell you that uncontested divorces are generally the best kind. Legal fees can be lower, spouses can take their time and get everything right without having to be under pressure at the courthouse, and best of all, it is (with a few mandatory court requirements) on YOUR mutual terms. Why would spouses with a working relationship want the judges or the lawyers to decide their parenting schedules or financial division of marital property? Uncontested divorces often result in less bitterness post-divorce and start a pattern of working together to resolve differences and to manage crises. This spirit of cooperation can be especially important if you have an uncontested divorce with a child together who needs two loving parents, rather than two bickering adults.

What Does An Uncontested Divorce Attorney Seminole County Florida Do?

When you hire the Jacobs Law Firm as your uncontested divorce attorney Seminole County Florida, we will likely draft all of your paperwork, including a marital settlement agreement, parenting plan, and child support guidelines. There may be as many as (estimated) ten or more documents you need to file. The child support guidelines worksheets are best prepared by a family law attorney as they can be especially complex.

We understand that spouses need to save money for their post-divorce life. We can do an installment plans and offer flexible payment options. Please note that there is a filing fee for dissolution/divorce cases in Florida. The fee is $408 (and the court charges a 3.5% statutory convenience fee). Keeping a divorce uncontested may also allow you to save on a summons and service of process.

We offer attention to detail, answers to many of your
questions, revisions to your agreements/plans, legal advice, guidance in
resolving your issues, and a lot of sensitivity to your situation.

If you would like to work with us, the Jacobs Law Firm, as your uncontested divorce attorney Seminole County Florida, we will send a contract offer and an invoice and we can get started as soon as you are ready to proceed. This process can unfold primarily on your terms and can be amicable. Call or e-mail us today for the help you need with your uncontested divorce case in Orlando, Kissimmee, Tavares, Sanford, or anywhere else in Central Florida.

Florida Small Claims Court Service of Process

Florida Small Claims Court Service of Process

Florida Small Claims Court Service of Process can be effective in different ways. The Florida Small Claims Rules 2020 provides that service of process can me made by hiring a process server and/or by Certified Mail. If you retain an Orlando small claims attorney or an Osceola small claims attorney, your lawyer will hire a process server for you or attempt to serve the defendant by Certified Mail. If you are in the Central Florida area (Tavares, Kissimmee, Brooksville, Orlando, Sanford, etc.) we welcome you to call us or e-mail us to discuss your small claims case. Our phone number is 407-335-8113 and our e-mail address is admin@jjlawfl.com.

According to the Florida Small Claims Rules 2020 (updated
in some interesting ways), Florida Small Claims Court Service of Process (Small
Claims Rule 7.070) can be made by Certified Mail provided that there is a
return receipt filed with the court that demonstrates the defendant(s) signed,
or that someone in their household authorized to accept the documents has
signed. Specifically, Rule 7.070 states: “Service of process on Florida
residents only may also be effected by Certified Mail, return receipt signed by
the defendant, or someone authorized to receive mail at the residence or
principal place of business of the defendant.” Read carefully. Only Florida
residents may be served this way. In cases where the defendant is a business,
there is some question as to whether actual service of process is required, but
that is an arguable issue of fact and law.

The Florida Small Claims Rules 2020 make it clear that when Florida Small Claims Court Service of Process is done by Certified Mail service, it is generally not valid when the defendant is an out-of-state defendant. Remember, that you may at any time hire a process server to effect service on a defendant. Certified Mail service in small claims court in Florida is often less expensive and easier to do. Of course, the defendant or someone reasonably able to accept the pleadings on their behalf must sign for it, and you must file proof of their acceptance with the court for it to be effective.

Florida Small Claims Rules 2020

Be careful plaintiff. If you are scheduled for pretrial mediation in Florida small claims court, and you are pro se (self-represented), you may encounter problems with Florida Small Claims Court Service of Process  because some clerks of court do not know the Florida Small Claims Rules 2020. Sometimes the clerks will try to cancel mediation claiming the defendant has not been properly served because they only know about service of process by standard means. You may wish to bring to court a copy of Florida Small Claims Rule 7.070 to alert the clerk as to your right to serve the defendant by Certified Mail under the circumstances. Pay careful attention to the Rules and make sure you have complied with them fully. Your case could be delayed or otherwise, for a failure to abide by the Rules.

Attorney Jonathan Jacobs is a civil litigation lawyer in Orlando and an Orlando small claims attorney that has worked with many clients in small claims court. We welcome you to call us or e-mail us to discuss your case. 407-335-8113 or admin@jjlawfl.com.