Can a Process Server in Florida Serve Legal Documents on Sundays?

Per Florida Statutes §48.20 Service of Process is Prohibited on Sunday in Florida. The website for the Florida Legislature describes this 2019 statute by saying that “Service or execution on Sunday of any writ, process, warrant, order, or judgment is void…” They go on to say how the person serving the documents would be responsible for damages but gives a special provision that if done with the permission of an order authorizing service or execution by a trial court judge it would be as if it had been done on any other day. 

 

Florida Process Server Rules

 

 

Mighty MikeMike's Take:

If you are a process server in Florida you better think twice, three and even four times before considering service on Sunday AND you better have a copy of the signed court order by the Judge and have written permission from your client to do so in writing. 

According to my local professionals in Florida, It’s really rare that a request is ever made for this provision. If your client files for a motion to serve on Sunday it will either be because that is the only time the person is able to accept service or the client has substantial proof showing diligence that was obtained and exhaustive efforts were made to serve on a different day.

Bottom line... NO ORDER, NO SUNDAY SERVICE!

 

Complete List of States that Prohibit Sunday Service

Official Internet Site of the Florida Legislature

 

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