In Florida, when traditional methods of serving legal documents, like personal service or service by mail, are not possible, a legal process known as “service by publication” can be used. Service by publication allows legal notices to be served to individuals by publishing the notice in a newspaper, making it possible for legal proceedings to move forward when the defendant cannot be located or is avoiding service.
What Is Service by Publication?
Service by publication is a method used to notify a party about a legal action when other service methods, such as personal delivery or certified mail, are not successful. This is often used when the individual cannot be found after a diligent search, or in cases where their identity is unknown. Service by publication is permitted under Florida law for various types of cases, including property disputes, divorce, child custody, and other civil matters.
When Is Service by Publication Allowed?
Florida law, under Chapter 49 of the 2024 Sunshine Statutes, outlines specific situations where service by publication is permitted. Here are some common examples:
- Real Estate or Property Disputes: Service by publication can be used when enforcing a lien, quieting a title, or removing any legal claim to a property.
- Divorce or Annulment: If one spouse cannot be located, the other spouse may serve them via publication to proceed with the divorce or annulment.
- Guardianship and Probate Cases: In probate or guardianship cases, where the person to be served is unknown or cannot be found, service by publication is an option.
- Termination of Parental Rights: When a parent cannot be located, service by publication can be used to notify them of the proceedings.
- Adoption: In some adoption cases, when the birth parent is unknown or missing, service by publication may be used.
How Does Service by Publication Work?
Before a court permits service by publication, the party requesting it must file a sworn statement explaining why personal service cannot be completed. The sworn statement must show that a diligent effort was made to locate the individual, but they either could not be found or are concealing their location.
Once the court approves the request, a notice of action is published in a newspaper. This notice must be published once a week for four consecutive weeks (in most cases). The newspaper used must be one that is published in the county where the court action is taking place. If there is no newspaper in that county, the notice may be posted in conspicuous places around the county, such as the courthouse.
Proof of Publication
Once the notice has been published, proof of publication is required. The newspaper will provide an affidavit verifying that the notice was published as required by law. This proof is submitted to the court to confirm that the defendant has been served by publication.
What Happens After Service by Publication?
After the notice has been published, the defendant has a specific period (usually 28-60 days) to respond to the legal action. If they fail to respond within this timeframe, the court may proceed with the case without their participation, and a default judgment could be entered against them.
Limitations of Service by Publication
While service by publication is a useful tool when other service methods have failed, it is not without its limitations. One of the primary concerns is that the defendant may never actually see the notice, particularly if they do not read the newspaper where it is published. Because of this, courts generally prefer other methods of service and will only allow service by publication when it is clear that no other options are viable.
Work With Tampa Bay’s Premier Process Service Agency
Service by publication is a crucial aspect of the legal system, allowing cases to move forward when traditional methods of service fail. If you are involved in a legal matter and believe that service by publication is necessary, it’s important to work with a professional process server who understands the complexities of Florida law. At Accurate Serve® of Tampa Bay, we have extensive experience in handling all types of process service, including personal service, service by substitution, and service by publication. We can also help with document retrieval, skip tracing, and diligent search services.
Contact us today at 863-873-6691 or send us a work request online to start working with the best process service agency in Tampa Bay!
