FAQ for Process Servers
- Why are there new attachments to the complaints? What are Form A and Form B attachments to the complaint?
In AO 2010-25 PA/PI-Cir the 6th Judicial Circuit Court mandated the attachment of these two forms to complaints in residential foreclosure cases. Both forms are documents primarily giving information and notification to the borrower. A copy of Form A, like the one attached to the complaint, is provided to Mediation Managers, Inc. (MMI) and then MMI sets up a case expecting to talk with the borrower about the mediation program. Form B is given to the borrowers and it contains phone numbers, addresses and other information directing Borrowers to contact MMI about the mediation program. Hopefully, through this exchange of contact information borrowers will contact MMI to learn about the mediation program and the opportunity it gives for settling the foreclosure case. Borrowers are encouraged to contact MMI and participate since there is no fee for the information and it can provide a way to resolve the foreclosure case.
- If I am a Process Server and I personally serve a defendant/borrower at the address listed on the summons, do I have to do anything different than my usual procedures?
Yes under AO 2010-25 PA/PI-Cir you have to do little beyond your normal procedures if you obtained personal service of a 6th Judicial Circuit residential foreclosure complaint at the address found on the summons. The AO, in Section II D.1., says, "For every residential mortgage foreclosure case filed, the process server must note on the return of service that the summons was served with the complaint, Form A - Plaintiff's Certificate, and Notice from the Court to Homeowner, Form B." But in this instance you would not have to provide a copy of the return of service to Mediation Managers, Inc.
- If I am a Process Server and I personally serve a defendant/ borrower at an address that is different than the address listed on the summons do I have to do anything different than my usual procedures?
Yes, under AO 2010-25 PA/PI-Cir you do have additional requirements beyond your normal procedures if you obtained personal service of a 6th Judicial Circuit residential foreclosure complaint at an address that is different than the one found on the summons.
- What are the additional requirements that I as a Process Server must do when I serve a 6th Judicial Circuit foreclosure complaint at an address that is different than the one found on the initial summons?
Pursuant to AO 2010-25 Section II D.2. says, "If personal service is obtained at an address that is not the property subject to the foreclosure, the process server must: a. Note the location where service was obtained and any other contact information for the Borrower; and b. Provide a copy of the return of service to the Foreclosure Program Manager."
So you must write the address where you made personal service on the summons and any other contact information for the Borrower and also you must provide a copy of the return of service to MMI. You may provide the copy in each instance to Mediation Managers, Inc. in following ways for the individual case: E-mail with pdf attachment of the return of service with legible identifying information of the case number, defendant name, address of service, and other contact information at email@example.com ; or deliver at 13700 North 58th Street, Suite 207, Clearwater, Florida 33760 the return of service with legible identifying information of the case number, defendant name, address of service, and other contact information.
When you provide the copy of the return of service providing any other contact information for the borrower is necessary including current telephone numbers, email addresses, or other contact information.
- What is the practical effect of providing the defendant/borrower's new address and other contact information?
Since process servers are the first people after the foreclosure lawsuit filing to learn the exact location of the borrower/defendant their help is essential in providing an updated address and contact information. AO 2010-25 PA/PI-Cir requires MMI to contact the defendant/borrower’s by mail, telephone and other means to determine if they qualify for the Residential Foreclosure Mediation Program and if so, then help the borrower/defendant learn about HUD counseling and mediation. With this help the defendant/borrowers and the lender/plaintiff will get to mediation and try to settle the foreclosure case.
- If I personally serve one defendant/borrower at the address on the summons and personally serve a second defendant/borrower at an address not on the summons do I have to notify MMI?
Yes as that qualifies as personal service at an address not on the summons and AO 2010-25 PA/PI-Cir would require notification to MMI of service at the different address. See the question above for the ways to provide the new information to MMI.