Summons: Personal Service On An Individual Orden De Comparecencia: Servicio Personal En Un Individuo Citation: L'Assignation Personal Sur Un Individuel Page 2
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7after the sheriff serves your papers on the other party. However, in some counties the sheriff may send the
proof of service directly to the clerk. If you are instructed to supply a self-addressed, stamped envelope and
you receive the proof of service, you should file the proof of service with the clerk after you receive it from
the sheriff. Also, you will need to find out how much the sheriff charges to serve the papers. Personal
checks are not accepted. You should attach to the summons a cashier’s check or money order made payable
to the sheriff, and either give it to the clerk for delivery to the sheriff or send all of the paperwork and the fee
to the sheriff yourself. The clerk will tell you which procedure to use. The costs for service may be waived
if you are indigent.
If you want a private process server to serve the other party, you should still bring the summons to the clerk’s
office and have the clerk sign it for you. You should deliver the summons, along with the copy of your initial
O”
petition and any other papers to be served, and a Process Service Memorandum,
Florida Supreme
Court Approved Family Law Form 12.910(b), to the private process server. The private process server will
charge you a fee for serving the papers. After service is complete, proof of service by the private process
server must be filed with the clerk. You should discuss how this will occur with the private process server.
IF THE OTHER PARTY LIVES IN ANOTHER COUNTY: If the other party lives in another county,
service needs to be made by a sheriff in the county where the other party lives or by a private process server
certified in the county where the other party lives. Make sure that you attach a copy of the papers you want
O”
personally served to the summons as well as the Process Service Memorandum,
Florida Supreme
Court Approved Family Law Form 12.910(b). If you want the sheriff to serve the papers, the clerk may send
your papers to that sheriff’s office for you, or you may have to send the papers yourself. The clerk will tell
you which procedure to use. Either way, you will need to provide the sheriff with a stamped envelope
addressed to you. This will allow the sheriff to send the proof of service to you, after the sheriff serves your
papers on the other party. You should file the proof of service with the clerk after you receive it from the
sheriff. Also, you will need to find out how much the sheriff charges to serve the papers. Personal checks
are not accepted. You should attach to the summons a cashier’s check or money order made payable to the
sheriff, and either give it to the clerk for delivery to the sheriff or send all of the paperwork and the fee to the
sheriff yourself. The clerk will tell you which procedure to use. The costs for service may be waived if you
are indigent.
If you want a private process server to serve the other party, you should still bring the summons to the clerk’s
office where the clerk will sign it for you. You should deliver the summons, along with the copy of your initial
O”
petition and any other papers to be served, and a Process Service Memorandum,
Florida Supreme
Court Approved Family Law Form 12.910(b), to the private process server. The private process server will
charge you a fee for serving the papers. After service is complete, proof of service by the private process
server must be filed with the clerk. You should discuss how this will occur with the private process server.
IF THE OTHER PARTY CANNOT BE LOCATED OR DOES NOT LIVE IN FLORIDA: If, after
you have made a diligent effort to locate the other party, you absolutely cannot locate the other party, you may
serve the other party by publication. Service by publication is also known as constructive service. You
may also be able to use constructive service if the other party does not live in Florida. However, Florida
courts have only limited jurisdiction over a party who is served by constructive service and may
have only limited jurisdiction over a party living outside of Florida regardless of whether that party
is served by constructive or personal service; that is, the judge’s power to order the other party to do
certain things may be limited. For example, the judge may be able to grant your request for a divorce, but the
judge may not be able to address issues such as child support, spousal support (alimony), or division of
C-190
Instructions for Florida Family Law Rules of Procedure Form 12.910(a), Summons: Personal Service on an Individual (9/00)
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