Why Precise Returns of Service Matter in Florida Process Serving
Why Precise Returns of Service Matter in Florida Process Serving
Mistakes you can avoid—and how Trusted Server raises the standard in Broward County**“Mistakes you can avoid—and how we raise the standard in Broward County”
**Top 5 Mistakes (and How to Prevent Them)**“Here in Broward, where CT Corporation’s registered-agent office handles thousands of filings each month, accuracy in your Return of Service isn’t just best practice—it’s critical.”
In Florida, a Return of Service (sometimes called an Affidavit of Service in other states) is more than just paperwork—it is the official proof that due process has been followed. Any mistake, no matter how small, can cause costly delays, dismissals, or even force a case to be re-filed.
Here in Broward County, where CT Corporation’s registered-agent office in Plantation handles thousands of documents each month, accuracy isn’t just best practice—it’s critical.
⚖️ **Wrong Entity Type**
Always double-check whether the party being served is an LLC, LLP, LP, or Corporation. This detail is printed on the summons and can be verified on Sunbiz.org. Cross-referencing ensures that the return of service exactly matches the entity.
🕒 **Inaccurate Dates and Times of Service**
Even a small error in time or date can undermine an affidavit. Use real-time logging and verify AM/PM carefully. Returns of service in Florida must reflect the exact date and time the intake specialist received the documents and the precise service attempt. Always include service exhibits, such as GPS-stamped photos, to verify accuracy. Even a minor error (wrong day, incorrect hour, or AM/PM mix-up) can invalidate a return. Real-time logging tools can help avoid mistakes.
📄 **Incorrect Method of Service**
Always specify whether the service was personal, substitute, registered agent, corporate, or posting. Leaving this vague can make an affidavit invalid under Florida law.
✍️ **Lack of Endorsement**
In Broward County, process servers must endorse the original summons at the time of service, including the date, hour, and server ID. Skipping this step often leads to rejection, even when the service itself was valid.
📜 **Missing Statutory Language**
Returns of service must cite the correct statute for the jurisdiction where the papers were filed. In Florida, Chapter 48 (§48.21) outlines exactly what must be included. Omitting this required wording is one of the most preventable yet damaging errors.
**Note for Out-of-State Readers**
Other jurisdictions often refer to this as an Affidavit of Service, and each state has its own statute or rule outlining the required elements. For example:
- New York: CPLR §306 mandates an affidavit specifying service details and server qualifications.
- California: CCP §417.10 governs proofs of service, requiring a signed statement under penalty of perjury.
- Texas: TRCP Rule 107 outlines strict return requirements, including manner, date, and the server’s identity.
Regardless of where service occurs, the same principles apply: accuracy, statutory compliance, and proper documentation keep cases moving forward.
It is essential to include the correct Florida statute or the statute of the state in which the document was filed. Florida Statutes Chapter 48 (§48.21) specifies exactly what must be included. Omitting statutory wording is one of the most preventable errors.
**Sharing Knowledge Strengthens the Industry**
Helping others—whether a new paralegal preparing affidavits, an attorney working under pressure, or a new process server just learning Florida’s requirements—elevates the entire legal community. When affidavits are prepared correctly, courts can move cases forward smoothly, and clients benefit from faster, more reliable outcomes.
**Trusted Server’s Commitment**
At Trusted Server, we view our role as more than just delivering papers. By educating clients and colleagues on best practices, we’re helping build confidence in the process and ensuring that fairness begins the moment someone is served correctly.