Service by publication in Florida

[admin]

Hello, I have a question about service in Florida. I received a question that I can't answer:

I saw my name in the paper where an agency who purchased my debt was suing me in court. They never were able to serve me as they can't find me and I know that the coury will not give the judgement as they did not obtain "service" on me. Does this action filed by the company trying to sue me stop the Statute of Limitations?

I looked up the Florida laws on proper serving and saw this:

Florida laws of Civil Procedures

Rule 1.070. Process

(d) Service by Publication. Service of process by publication may be made as provided by statute.

Where would I find out if serving by publication is legit in this case?

[Recovering Attorney]

I made a quick check of the Florida Civil Procedure statute, but I was unable to comce up with teh precise section.

However, service of a summons and complaint is a part of civil procedure. Normally, the plaintiff makes a motion to teh court for an order allowing such service. It is usually based on the affidavit of the lawyer and others that the plaintiff tried, with diligence, to find the exact whereabouts of teh defendant, but that there is something that frustrates regular service. For example, I received an order allowing me to sue for divorce in NYS where the H lived here and the wife moved back to Jordan. The court made us publish and do several mailings. Another time I got an order allowing service by publication where the defendant had been deported and the receiving country would not accept the process for service wihtin its borders.

So, it is legit. And don't ignore it. This must be a lot of money, for publication is too expensive to bother for run of the mill credit stuff.

[admin]

RA -

Thanks very much!!