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Writer's pictureSteve Navarrete

CAN I BE SERVED ON CHRISTMAS?


You can't be served on Christmas in Florida if it is 2016, 2022, 2033, 2039, 2044, etc. These are years where Christmas lands on a Sunday. Otherwise, you can be served on Cristmas or any other holiday so long as it is not on a Sunday. In Florida, service is valid any day and time except for service on Sunday. In fact, if someone is served on Sunday, the person who caused the service to occur on Sunday can be held liable to the person served pursuant to Florida Statute 48.20. Every State has their own rules for service of process on Sunday. In Florida its a no-no.

Most process servers enjoy this rule as it gives them a a good reason to take a day off. Otherwise, clients would insist for service attempts 7-days a week. Lets leave service on Sundays up to the churches. Florida Statute 48.20: Service of process on Sunday.—Service or execution on Sunday of any writ, process, warrant, order, or judgment is void and the person serving or executing, or causing it to be served or executed, is liable to the party aggrieved for damages for so doing as if he or she had done it without any process, writ, warrant, order, or judgment. If affidavit is made by the person requesting service or execution that he or she has good reason to believe that any person liable to have any such writ, process, warrant, order, or judgment served on him or her intends to escape from this state under protection of Sunday, any officer furnished with an order authorizing service or execution by the trial court judge may serve or execute such writ, process, warrant, order, or judgment on Sunday, and it is as valid as if it had been done on any other day.

Call us for all your Miami process service and private investigations.

Miami PSPL, LLC

305-285-4321

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