Is this service of summons/complaint good?

We are suing some people in a civil case (case B). They have a lawyer representing them in another case (case A). We are the plaintiffs in case A too. Our process server tried to serve the defendants' lawyer at the lawyer's "office". He works out of a virtual office, and there was nobody there who would accept service for him. Nevertheless, the process server managed to serve someone who he was able to identify as "office manager". A few days later, the attorney served a "notice of defective service" in case B on behalf of the defendants we sought to serve. So my question is: Have we made a valid service of the summons/complaint? If the lawyer files a paper in the court in case B on behalf of our defendants, hasn't he acknowledged that he represents them?

Orlando, FL -

Attorney Answers (1)

Alejandro Rafael Lopez

Alejandro Rafael Lopez

Family Law Attorney - Orlando, FL
Answered

Do you, as plaintiffs, have a lawyer representing you in Case B and in Case A also? Otherwise, you may want to seek one. My opinion is that the lawyer (unless he/she is a defendant in the case) cannot be served (for instance in case A even if he represents the same people in case B) unless the lawyer has "agreed to accept service of process for the defendants" and files a "Notice of Appearance and Waiver of Service" on behalf of the Defendants in case A.
So, it appears his "notice of defective service" may be correct.

You would have to either speak with your lawyer to see the reason why he/she wanted to serve the summons/complaint or petition on lawyer for case A AND/OR try to find each defendant's actual location to serve him/her directly by personal service of process (if that type of process is required).

Note that service of process rules are a bit complex, specially for the type of case you have, the defendant type, and what you are trying to accomplish.

Alejandro R. Lopez, Esq.
Law Office of Alejandro R. Lopez, P.A.
4465 Edgewater Dr.,
Suite A
Orlando, Fla. 32804
(407) 649-1404
E-mail: info@yourattorneyinorlando.com

Related Advice

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.