Unable to Serve Defendant

[gatorjen]

My question involves small claims court in the state of: Florida
My landlord at my previous residence failed to impose a claim on my deposit within the 30 days required by law. When I notified him of this he emailed me a letter with intent to take money from my deposit. I disputed the charges saying that he was outside of the 30 days and had not sent me anything via certified mail. I requested the full return of my deposit. He said good luck with that. I filed a case with small claims court and hired the sheriffs office to serve him. He managed to evade the serving officer and now my case has been canceled and the documents are being returned. How can I serve him the papers so that this case will actually make it to court??? The original deposit was $900. After court fees im now out about $1125...getting married in march..really would love to get my money back from this creep

[aardvarc]

Sometimes when people have an idea that someone is trying to serve them, they can develop a bad case of being hard to find. That's where a good process server, someone wiley and resourceful enough to find and actually get the guy served, is the way to go. Shop for a process server who is willing to go the extra step. Don't forget to add any additional service fees to the amount you're asking for in your suit.

[Mr. Knowitall]

Service of process shall be effected as provided by law or as provided by Florida Rule of Civil Procedure 1.070(a)–(h). Constructive service or substituted service of process may be effected as provided by law. Service of process on Florida residents only may also be effected by certified mail, return receipt signed by the defendant, or someone authorized to receive mail at the residence or principal place of business of the defendant. Either the clerk or an attorney of record may mail the certified mail, the cost of which is in addition to the filing fee.

Per Rule 7.050(c), "The clerk shall not be required to prepare papers on... substituted service...." Constructive or substituted service is the most obvious approach to take when conventional service has proved ineffective, but you'll need the court to approve that approach and to define what will suffice as constructive service consistent with the laws of your state.