DUE AND DILIGENT SEARCH AFFIDAVIT
The basis of your alternate service with the court and or applicant
for NOT Found relating to any court proceeding.
Our Diligent Search Affidavit services offer an credible and for Court
Affidavit of Diligent Inquiry and Search to
Attorneys seeking an alternate means for service process. Due diligence
in a broad sense refers to the level of research, judgment,
determination, and professional inquiries that a legal service provider
would reasonably be expected to do under particular circumstances. In
other words, before a diligent search affidavit can be finalized, the affidavit provided must be iron clad, verifiable and indisputable to the greatest extent reasonably expected.
Before commencing service by publication, the plaintiff, his agent or attorney must file a sworn statement of diligent search, this is what we specialize in. There are four types of diligent search affidavits, one for each of the following types of defendants:
1. Natural Persons
3. Unknown Parties
4. Parties Doing Business Under a Corporate Name
Keep in mind the following:
The examiner must carefully compare any diligent search affidavit. Any omission or material inaccuracies could make the service invalid.
The word "address" is not synonymous with the word "residence". Where the Diligence Affidavit makes a statement as to the "residence" of the defendant, service is defective if the word "address" is substituted. Callaghan v. Callaghan, 337 So.2d 986 (Fla. 4th D.C.A. 1976).
The steps taken must show that "an honest and conscientious effort, reasonably appropriate to the circumstances" was taken. Gans v. Heathgate-Sunflower Homeowner's Association, 593 So.2d. 549 (Fla. 4th D.C.A. 1992); Klinger v. Milton Holding Co., 136 Fla. 68, 186 So. 526 (Fla. 1939).
NOTICE OF ACTION
Within 60 days of the filing of the diligent search affidavit, the clerk or judge shall issue a notice of action in the form set forth in Section 49.08, F.S. The notice of action shall require the defendant to file an answer and serve a copy not later than the date set forth in said notice. The referenced date shall not be less than 28 nor more than 60 days after the first publication.
The notice of action shall be published once a week for four consecutive weeks in a newspaper published in the county where the court with jurisdiction in the action is located.
Proof of publication shall be by affidavit by an employee of the newspaper. It shall set forth the dates of each publication and shall have a copy of the notice attached to it.
If the residence of any party to be served by publication is stated in the sworn statement with any more specific reference than the name of the state or country in which the defendant resides, the clerk shall mail a copy of the notice to each defendant within 10 days after making the notice and a copy of the pleading for which the notice was issued. The date of mailing must be noted on the docket.