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If a defendant refuses a certified letter containing a per suite notice are they still held responsible?

Clearwater, FL |
Filed under: Lawsuits and disputes

Before I can file an action for damages under Florida Statute 772.11, the person claiming injury must send written demand via certified mail as a pre-suit requirement. allowing the defendant 30 days after receipt to compile. In my case the defendant is in the wrong and has REFUSED the last 2 of 5 certified letters I have mailed . One of the refused letters contained the required written notice. Is the defendant still held responsible for knowingly REFUSING the certified notice because they knew the nature of the mailing and have I fulfilled the pre-suit requirement for F.S 772.11 by mailing the notice? If yes, is the date refused the start of the 30 days?

Attorney Answers 1

Posted

This is a perfect example of how you may know 97% about what you're doing, but it's that 3% you don't know that will get you every time. Here's your simple fix: Pay a process server to serve the defendant personally. He may duck, he may hide, but eventually, they will serve him and provide you with proof of service. Good luck!

If you think my response is the best response, it would help me if you would indicate that. Also, please note that my responses to question(s) are NOT legal advice from me to you because I am NOT your lawyer, you are NOT my client, and we do NOT currently have an attorney-client relationship. Thanks!

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