The Fourth District Court of Appeal is losing its patience when it comes to homeowners having to prove they were properly served court documents in foreclosure cases. In one of its recent rulings, the court took an extra step by saying, “We…write to address the issues raised here because this court has received numerous other appeals raising the same or similar issues recently,” Judges Robert Gross, Spencer Levine and Alan Forst wrote in the unsigned opinion.
The homeowners in the above case want to overturn the summons and return-of-service documents filed with the court to confirm the process server properly delivered the papers and informed them of the litigation filed against them by JPMorgan Chase Bank, N.A., which inherited the account from Washington Mutual.
The Florida Rules of Civil Procedure allow private companies and deputies to provide service of process. Under the rules, process servers must provide a return-of-service form with several details, including when the process server received the court documents, the date and time the papers were served, the manner of service and the name of the person served.
The couple claims they were never served- even though the process server said otherwise, there was no evidence to show the return-of-service documents were properly executed and complied with Florida law. The couple argues these documents were inadmissible hearsay.
The appellate panel on the case suggested the homeowners arguments were nothing new and had been resolved by at least seven previous rulings. It rejected the couple’s argument that the documents were hearsay. The court also rejected claims that the wife was not home when the process server served her the papers because the process server “described her by race, height, weight and hair color.”
The attorney for the homeowners says this is not the issue. The issue is what the process server did when he delivered the papers. What is often seen on the forms is the process service companies have access to background information software. It is easy for them to run that software, which has access to a driver’s license photo and description. It does not mean they actually saw the person.
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