Form 1,924, found in the Florida Rules of Civil Procedure, contains a list of possible actions to locate the defendant`s current place of residence and the place for the depositor to check off the appropriate actions. The form also includes a containment zone where the applicant can list any additional efforts made to locate the defendant. In addition, the form includes a section describing “attempts to provide processes and outcomes,” as well as a section to verify that the depositor “asked the occupier if the resident knows the location of the borrower-defendant” and a space to describe the results. The form must be sworn or confirmed under oath, signed by the person who actually carried out the due diligence and investigation, such as a bailiff, and attested by a notary. The form reflects the minimum requirements for an affidavit of due diligence and investigation under section 49.041 of florida statutes, including: Complete an “Affidavit of Diligent Search and Investigation” form and file it with the Palm Beach County Clerk. The affidavit must substantially comply with Florida Family Law Form 12.913(b) or (c). You must inquire about the defendant`s whereabouts from all sources and attach evidence of your findings from all searches to your “Affidavit of Diligent Search and Investigation” form. Please refer to the attached list of minimum requirements. DO NOT submit a “Notice of Action” for publication if you have not included research evidence from the minimum required sources. Failure to complete the form correctly or to attach proof of research from the minimum required sources may result in delays, rejection of your diligent search affidavit, re-publication, or rejection of your case.
Before a defendant can be served by implied service, the plaintiff must conduct a diligent search and investigation to locate the defendant. It is important for the applicant to review the local rules of the county where the enforcement order is filed to determine if there are any procedural requirements. For example, in Clay, Duval, and Nassau counties, a plaintiff must conduct at least one search for the defendant in each of these five locations: You must attach to your “Affidavit of Diligent Search Form” proof of your search efforts, such as Payment receipts, printed search results, letters from companies/organizations/businesses and/or other evidence of your attempts to find information about the other party. If you find an address during your search, you must personally serve the defendant at that address, as provided in Chapter 48 of the Laws of Florida. It is not necessary to present the affidavit of diligent search and investigation. Implied service, i.e. publication, is sufficient to fulfil the obligation to serve in an action for enforcement of residential mortgages if it is properly executed. Since many defendants in Florida are served by publication in a residential mortgage foreclosure, it is imperative that lenders know and follow the above requirements. Lenders should also review local regulations to ensure they meet additional procedural requirements. The plaintiff is also required to provide written evidence of search efforts, such as payment receipts, printed search results, letters from companies, organizations or companies and/or other evidence of attempts to find information about the defendant. See instructions for completing an affidavit of diligent search and service by publication.
The plaintiff must strictly comply with the requirements of implied service in order to ensure that the defendant is informed of the enforcement proceedings. If the defendant quashes a judgment of execution by challenging the implied service, the trial judge has a duty to determine whether the affidavit of diligent search and investigation is legally sufficient and whether there is strong evidence that the plaintiff actually conducted a reasonable search to locate the defendant. The test for a diligent search is whether the plaintiff “used the knowledge at his disposal, made thorough research, and made an honest and conscientious effort appropriate to the circumstances to obtain the information necessary to provide personal services to the defendant.” See Howard v. Gualt, 259 So.3d 119 (fla. 4th DCA 2018) (three attempts to deliver addresses found on Sunbiz.org without performing a “trace jump or comparable method or a search for phone bills, credit information or DMV, etc.” was not enough). (1) that careful research and investigations have been carried out to determine the name and place of residence of the person and that the affidavit indicates, in particular, what the parent knows; and you should inquire about the respondent`s whereabouts from all the sources listed below. From each agency, you will receive the results of your application. When you perform the various online searches, you must print the results of each search. A copy of each organization`s results and online searches must be attached to your Affidavit of Diligent Search and Inquiry form.
The court will not be able to bring this lawsuit if you do not provide the results of each subsequent search. After the statement is published in the relevant newspaper, an affidavit must be submitted to the court to provide proof of publication. The affidavit must be completed by the owner, publisher, editor, director, foreman or any other officer or employee of the newspaper who has knowledge of the publication. The affidavit must indicate the dates of each publication and include a copy of the advertisement. § 49.10(2), Fla. If, after careful search and investigation, the defendant cannot be located, the plaintiff must submit an affidavit explaining all diligent efforts to locate him in court. In 2010, the Florida Supreme Court, recognizing that many defendants in garnishment actions are served by publication, adopted Form 1,924, Affidavit of Diligent Search and Inquiry to “standardize proper search and investigation affidavits and provide the court with information about the methods used to locate and serve the defendant.” With regard to the amendments to the rules of civil procedure of the fla., 44 so.3d 555 (fla. 2010). If the court finds that the affidavit is incorrect or that the diligent search is defective, the judgment of execution is void or contestable.
The judgment is void if the disguised service was so defective that it did not constitute a summons to proceeding; The judgment is subject to appeal if the irregular or defective service has actually announced the procedure. See Shepheard v. Deutsche Bank Tr. Co. Americas, 922 So. 2d 340 (Fla. 5th DCA 2006) (enforcement order void because plaintiff failed to conduct a diligent search in strict compliance with the law and defendant had no knowledge of the proceedings). A residential mortgage enforcement action is filed in Florida by filing a verified claim with the court of competent jurisdiction. All named defendants must be informed of the application by serving them with a copy of the application and a subpoena.