Frequently Asked Questions

360 Legal Service of Process FAQ

What is Service of Process?

In the United States the 5th amendment to the Bill of Rights requires that each party in a case should be notified if actions are taken against them in a court of law in order to provide an opportunity for your defense. Process serving is an important aspect of the Due Process of Law. Process serving laws and rules of civil procedure are different from state to state. In Florida, our rules of civil procedure are specified in Florida Chapter 48 – Process and Service of Process If a legal action is filed against you, the clerk of the court follows specific procedures and issues legal documents such as summons, complaints, subpoenas, order to show cause, and writs. The process server is then hired to formally deliver these documents to you notifying you of the legal action. Once the Process Server delivers the documents to you, they are required to file an Affidavit of Service with the clerk to verify that you have been notified or “Served” with the documents.

Who is allowed to Serve Legal Documents?

Service of Process dates back to the origins of the US legal system, it was performed by sheriffs or deputies, and agents of the court. As times changed and the volume of legal actions increased, this became a burden on law enforcement, so around 1970 this began to change. In 1982, a group of process servers from 11 states met to join forces to oppose Federal Legislation that would allow for “service” via certified mail. They eventually formed the organization we now know as The National Association of Professional Process Servers (NAPPS). In Florida, all process servers are appointed by the Sheriff as a Special Process Server (SPS) or by the Chief Judge in their judicial district as a Certified Process Servers (CPS) in accordance with Chapter 48 of Florida Law. In addition to the qualifications established by Chapter 48 of Florida Law, 360 Legal screens and only hires the best process servers. Our experienced process servers ensure that your service is done correctly each and every time.

What does a Legal Process Server Do?

In Florida, a process server delivers (serves) legal documents to the defendant or individual listed on a summons, subpoena, writ, etc. being served. Once the documents are delivered, the server prepares and Affidavit of Service, which may also be called a “Proof of Service”. The Affidavit is then signed by the process server and filed with the clerk of court or returned to the party who requested the service.

What are the benefits of using a process server from 360 Legal?

In addition to the requirements of Chapter 48.021 of Florida Law, all of 360 Legal’s process servers go through an application process, must provide two letters of recommendation, are pre-screened and background checked. The servers in our network have over 10 years of experience to ensure your legal documents are served properly. 360 Legal will save you will save time and money by using the latest technology providing a shorter chain of communication regarding your serves should you have questions regarding the status of your service.

How much does it cost to get papers served?

On average, the cost of a routine service can range anywhere from $55 – $140 depending on the legal documents, location of service and number of addresses attempted by the process server. 360 Legal provides service of process throughout the State of Florida and Nationally through our network of over 1,400 certified vetted service partners. You may incur additional skip tracing or investigation fees if you need a party located. Additionally, if you have a rush serve or you need papers served the next day or on a holiday you can expect to pay a rush or expedited service fee.

Can legal documents be faxed or mailed to 360 Legal?

Yes, you may submit your service request on-line here SUBMIT SERVICE REQUEST You may also Email Us or fax your legal documents to us for service. Our service team fax number is (941) 246-0700. There is a small copy fee for documents over 20 pages. In some cases, you must provide 360 Legal the original documents for service. In that case, you may mail, UPS or FedEx them to our main office in Sarasota Florida.

How long does it take to get papers served?

We get asked this question often! There is a big difference between knowing a defendants location and being able to properly serve them. However, generally, we complete service requests sent to us within 3 to 4 days. If you have special service needs, we offer special pricing for: Same Day Service, Rush Service (first attempt usually within 12 hours of receipt), and Routine Service (first attempt within 24 hours)

Where can defendants be served?

As much as we hate to say this, “it depends”. Often defendants are served at their home or in some cases their workplace. At 360 Legal, we ensure that your papers are served in accordance with proper Civil Procedure that governs your service. For instance, in Florida, we are not permitted to serve a defendant on Sunday without a court order or when they are traveling to and from a court of law (See Citation). Often, the rules that govern where and when someone can be served are specific to the jurisdiction that issued the legal documents. If you have special requirements or have questions regarding your particular service documents, please contact us for specific rules.

What if the defendant cannot be located or is evasive?

If a party in the documents cannot be found, the court may allow service by publication in a newspaper. But before this is permitted, we have to prove to the court that reasonable attempt was made to locate and serve the defendant, or the person named. This proof is a special type of Affidavit called and Affidavit of Diligent Search and Inquiry (D&D) and is used for "Unknown Parties" and are served in accordance with FLA. R. CIV.P.1.070(e) and FLA Statute - §49.071. This special type of affidavit is signed and notarized by one of our private investigators. This affidavit is then filed with the court before service by publication is permitted. At 360 legal, our investigators have over 20 years of experience. They understand the steps that must be taken to ensure your publication will be accepted by the clerk of court.

Can 360 Legal file my legal documents with the clerk of court?

Yes, we can. 360 Legal offers a suite of legal services that include eFiling your documents. We can also eFile your initial pleadings so as to handle your case load from initial filing to service complete. All documents submitted for routine eFiling and service are eFiled within 24 hours of receipt. We also offer expedited eFiling services for special requests.

What if the person being served refuses to accept the papers?

In Florida, a defendant or party to a case does not have to physically accept service in order for it to be considered effective service. If the defendant or party comes to the door but refuses the papers, the process server may oftern leave them at their feet and walk away. In Florida, the process server will attempt to identify to person and gain a physical description of the person being served. This information is then added to the affidavit that is eFiled with the clerk of court to ensure quash proof service.

Service of Process

Our Professional Process Servers have the Experience, Reliability, Comprehensive Services and State of the Art Technology to get the job done!

Our Process Servers have the Experience to effectuate Service of Process no matter the venue. Obtaining good service can be complex as civil service rules vary greatly by jurisdiction and even document type.

360 Legal's Process Servers provide Reliable error free quash proof returns. Errors or omissions on returns and delays in filing with the court may cause costly delays or could even result in case dismissal. Our commitment to reliable error free service is unmatched in the industry.

The 360 Legal Process Server cloud consists of over 1,400 verified vetted partner Process Servers. Each Process Server partner we choose has made a commitment to be best in class and operate in accordance with industry standard rules for ethical and legal Service of Process.

We provide on-line status updates because each of our Process Server partners is connected to our 360 server cloud. All Service of Process information and documentation is captured and relayed to our clients in real time. Our Service of Process Management Platform, 360 TotalView™, coupled with our knowledgeable and experienced staff of Professional Process Servers enables us to provide Service of Process in any venue while maintaining accuracy, accountability and delivering real-time updates to our clients.

Investigations

Our Private Investigators perform defendant location for service of legal documents. Delivering over a 98% location success rate allow our client to reduce the necessity to publish on defendants that they are not able to locate. Locating defendants rather than incurring staff time to service by publication provides a substantial savings. Implementing our own innovative location technology, THEIA™, and leveraging our comprehensive array of data sources, most location searches are completed within minutes. Most importantly, our efficient process produces results and keeps your files moving without unnecessary costs and delays.

Service Advantages: 24 years of experience, 360 TotalView™ Realtime Updates, THEIA, Intelligent Location Technology, API for Bulk Verification, Detailed Search Affidavits, and Complaiance - FCRA and GLBA.

Foreclosure Sales

As our name implies, our goal is to offer a comprehensive set of legal services to our clients. For our clients in Florida, we have the additional capability to assume responsibility for our clients' foreclosure sale representation. We have the experience to provide reliable attendance services for both online and live foreclosure sales. Our Foreclosure Sales team has significant experience in the foreclosure sale process and works with a professional network of sale agents. Just as with each of our other offerings, all sale information: sale documents, clerk fees, and bidding instructions are digitized and available to our clients in 360 TotalView™.

Relax, it’s 360 Legal!

Occupancy Verification

Rely on 360 Legal’s network of trained staff to deliver critical Occupancy Verification services to verify residency of owners and assess a property’s condition.

    EACH OCCUPANCY VERIFICATION REPORT CONTAINS:
  • Owner Occupation Status and Current Owner Address
  • Photographs of Property
  • Condition of Property including a detailed description
  • Realtor or other Sales Information
  • Detailed Search Affidavits

All information obtained is immediately available to our clients in TotalView™. All property information obtained is archived and stored to ensure our clients have the most up to date information possible.

Loss Mitigation

360 Legal will rapidly and reliably deliver loss mitigation documents directly to homeowners or heirs. We realize that the initial contact with the borrower can have a huge impact for your client’s ability to avoid costly foreclosure litigation. Our service has shown to greatly improve borrower communication and limit unnecessary litigation. Our service can be customized to gather any required information like borrower address, phone numbers or other necessary information.

All mitigation information and updates are available, digitized and archived in real-time in 360 TotalView™.

Case Transfer Service

We Understand. We really do! How can we help?!

Sometimes, things just happen. In the default industry, the unpredictability of the marketplace or changing client requirements often necessitate a change in direction. 360 Legal is here for you no matter what the circumstance. As a comprehensive legal services partner, we can provide case transfer services to our clients and partners. When available we can provide archived documents from our 360 TotalView™ system. Additionally, we have the resources to work with you to retrieve legal documents directly from the courts, verify dockets and confirm service information.

Court Services

Local, Nationwide, or International the professional Process Servers in our service cloud maintain excellent working relationships with clerks through the legal system. Our courier network is available to move documents between offices or process special requests. Each and every client request is digitized and filed in our Service of Process management system to ensure that copies are maintained in a secure environment and are easily retrieved 24 hours a day, 7 days a week, 365 days a year.

Our eFiling service adjusts to your needs as required. We can eFile your initial pleadings, supplemental pleadings, and affidavits to ensure that critical filing deadlines are met, and your cases keep moving forward. Our 360 eFiling service is intrgrated in 360 TotalView™ and provides seamless efficiency and accuracy. Each and every document and update is stored in 360 TotalView™ to enable clients to receive status updates and other critical information in real-time.

Compliance Support

Our team has over 24 years’ experience in banking, creditor rights law, FDCPA and Information Security. Our team is here to help you meet your clients’ needs and ensure our service team delivers secure complaint flawless service.

Managing the maze of compliance is an integral part of appropriately and effectively serving your clients. Banks, Servicers and other creditors work closely with their own internal legal team to ensure that they maintain complaint local, state, and federal regulations. Keeping up with these ever-changing rules is a monstrous task that requires dedicated resources and compliance staff. With 360 Legal, you can rely on our team of compliance experts to ensure that our core services, technology and other support service services are fully compliant with state, federal and local law.

Vendor Management

Vendor management is an integral part of every firm’s practice. 360 legal’s TotalView™ makes verifying and measuring compliance seamless. TotalView™ provides a real-time vendor score card for our clients that can be customized to measure and report critical vendor KPI’s.

Other key vendor compliance documents like yearly SOC audits and insurance compliance requirements are just a click away. Additionally, every legal document that you provide, or we generate is digitized and archived for easy retrieval.

With 360 Legal, compliance is a breeze.

360 Integrate™

Let's Connect

Our experience, reliability, and comprehensive services are only as good as our communication! Our Legal Services System, 360 TotalView™ is based on industry standard technology that is augmented with our own rules and management interface. It easily integrates with any current Case Management System to provide our clients the most up to date service capabilities in the industry:

  • Real-time Service Status
  • EDI Data Exchange - service updates and case documents updated in Real-Time
  • Provide eFiling of supplemental pleading and affidavits
  • Custom Reporting and Notifications
  • Manage Compliance, Real-Time Report Vendor Report Card

Have a special need, our IT staff and industry partners are experts with a wide array of CMS systems and what is necessary to trade service status and documents with our clients.

Let us show you how to Connect!

No matter what your platform - Relax, It is 360 Legal, we have you covered.

360 eFiling Service

Our eFiling service adjusts to your needs as required. We can eFile your initial pleadings, supplemental pleadings, and affidavits to ensure that critical filing deadlines are met, and your cases keep moving forward. Our 360 eFiling service is intrgrated in 360 TotalView™ and provides seamless efficiency and accuracy. Each and every document and update is stored in 360 TotalView™ to enable clients to receive status updates and other critical information in real-time.

Can I serve papers myself?

You cannot serve papers for a case that you are involved in. Depending on your location, you may be able to serve papers yourself if you are 18 years or older and not a party to the case. In Florida statute §48.021 defines who can serve legal documents and the qualification to become a Process Server. In §48.021 of Florida Law it specifies eight qualifications that you must meet before you can serve legal documents:

  • Be at least 18 years of age.
  • Have no mental of legal disability.
  • Be a permanent resident of the state.
  • Submit to a background investigation.
  • File a certificate of good conduct.
  • Take and Pass a knowledge exam.
  • Take an oath.

There are two type of Process Servers in Florida, Special Process Server (SPS) and Certified Process Server (CPS). A SPS program is administered by the Sheriff. In addition to the above requirements an SPS must be appointed by the Sheriff as well as adhere to any additional rules or requirements they may establish. A CPS is appointed by Circuit Court Judge and can serve papers in the entire judicial circut to which they are appointed. CPS is also required to post a Bond with the court and adhere to any special requirement established for Service of Process in that judicial circuit.

Additionally, Professional Process Servers may choose to join one of the state professional process server organizations like the Florida Association of Professional Process Servers (FAPPS) or the National Association of Professional Process Servers (NAPPS). Processs Server Members of these organizations are held to a higher level of professionalism and ethics.

Who should use 360 Legal?

Anyone needing serve papers should utilize 360 Legal to serve their Legal Documents. This includes but is not limited to legal professionals, collection companies, corporations and government agencies.

Affidavit of Service, Return of Service and Proof of Service?

Nothing. An Affidavit of Service is also called a Proof of Service or Return of service. It is a a signed document provided to you by 360 Legal once your service is complete. An affidavit, Return and Proof of Service state when, where, and who was served. Additionally, there are a few other affidavits that can be provided to you as a client, e.g. an Affidavit of Due Diligence is usually provided if the party to the case cannot be located.

These documents are further defined by the rules of civil procedure in your state. More information about Florida's Rules of Civil Procedure can be found

at the Florida Supreme Court Website..

Where should you hire a Process Server?

Generally, you will want to hire a process server where the papers are to be served. However, 360 Legal can serve your legal documents in any jurisdiction in Florida, Nationally and Internationally. 360 Legal’s comprehensive service offering ensures that no matter the location, we get your papers served.

What Investigative Services does 360 Legal offer?

Skip Tracing is investigating someone to determine a location where they can be legally served. This information is commonly used for Debts, Legal Matters, Repossessions, Locating Witnesses, Missing Persons and Heirs, Life Insurance Beneficiaries, Locating People and Property. 360 Legal’s experienced investigators ensure that we can locate any defendant. We routinely perform Heir, Probate, Asset and Due Diligence searches. We also perform nationwide death certificate retrieval. All investigations are in accordance with FDCPA and GLBA.

TotalView™

360 Legal’s TotalView is our Industry leading client portal. It is specifically tailored to meet your firm’s requirements no matter firm's area of practive. 360 TotalView™ always ensures that you receive the latest information and updates on your service cases. Since it is built on industry standard technology, 360 TotalView™, is available for multiple platforms. Further, 360 TotalView™ ensures that you can manage your client’s case load and get your papers served while managing critical cost and vendor management requirements.