A gentleman came to my home and aked my wife if I lived there. I was not home at the time. She replied yes and he handed her the summons and told her that I am now served. It is for an unsecured small debt. I always asumed that you had to be personally served. I live in Florida. Can any one tell me if that is the proper way to be served?

Unless someone with actual knowledge of the Florida Small Claims Court Rules posts a response we suggest you call your local court since rules regarding service vary from jurisdiction to jurisdiction.

In Ontario, where we practice, a claim may be served by regular or registered mail, personally on the defendant, or in person at the defendant's residence by leaving a copy of the claim with someone who appears to be an adult member of the household.

Even if service was irregular it may not be fatal to the plaintiff and it could be risky for you to ignore the claim in such circumstances.

A gentleman came to my home and aked my wife if I lived there. I was not home at the time. She replied yes and he handed her the summons and told her that I am now served. It is for an unsecured small debt. I always asumed that you had to be personally served. I live in Florida. Can any one tell me if that is the proper way to be served?


You would have to look at Florida law - in NYS it has to be by personal service or substitute (sub) service on an adult in the household and followed up by mail or nail and mail - 3 attempts at 3 different times, affixed to the door, followed by mailing within a certain number of days. My feeling is if a process server served the papers he/she knew what he/she was doing - but that is probably not always the case.