View Full Version : Florida laws on serving civil papers
hookbrown
Nov 3, 2012, 04:04 PM
Can my probation valate me cause I don't want to take some child's supportpapers the sheriff trying to serving me if it's a law on that please tell me if not show me so I can print it out to show him
AK lawyer
Nov 3, 2012, 04:16 PM
Service of process isn't something with respect to which you can simply refuse to "take [the] papers". So what is happening? Are you
refusing to "be served"; or
hiding from the sheriff?
This may apply:
"843.02 Resisting officer without violence to his or her person.—Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083." 843.02 - - 2012 Florida Statutes - The Florida Senate (http://www.flsenate.gov/Laws/Statutes/2012/843.02)
hookbrown
Nov 3, 2012, 07:19 PM
I am refuseing to take the paper its for a child surport case
AK lawyer
Nov 4, 2012, 06:08 AM
I am refuseing to take the paper its for a child surport case
As I said, in order to be served with the paper, you don't have to agree to take it. The deputy sheriff will (or should) make a return of service to the court saying that (s)he, for example, identified him/herself as a sheriff, told you that you were being served, and dropped the paper in front of you. That's all that needs to be done.
Whether you read the paper, or do what it tells you to do, is of no consequence. You have been served.