How Much Time Do You Have to Serve Legal Documents?

Amaro Hesen • February 29, 2024

If your client is taking legal action against another person or party, whether to sue for compensation or punitive damages, one of the initial steps you’ll need to complete is serving the legal documents to them.

“Serving” is the process of delivering the notice of legal action. It involves verifying that the documents made it to the defendant. The main way to serve legal documents is through a process server in Florida.

To understand how long you have to serve legal documents in Florida, it is helpful to understand two concepts: the statute of limitations and the 120-day rule.

Statute of Limitations for Civil Cases in Florida

A statute of limitations refers to the time you have to take legal action against a person or party after an event. That generally includes hiring the services of a process server in Florida to ensure proper delivery of your documents. Florida has different statutes of limitations for different cases; you’ll want to speak with an attorney about the statute of limitations that applies to your case.

The deadlines for common civil cases in Florida are as follows:

Injury to a person: Four years
Professional malpractice: Two years
Injury to personal property: Four years
Wrongful death: Two years

The clock usually begins ticking on the day the damages occurred. For wrongful death, the statute of limitations begins on the date of the person’s death. For malpractice cases and other instances where the damages are not realized until some time after the actual event, the statute of limitations would begin when the plaintiff reasonably should have realized the damages.

A few rare exceptions to the statute of limitations exist. If you have already surpassed the case’s deadline, speak with an attorney about whether any exceptions may apply to you.

The 120-Day Rule for Serving Legal Documents

Once you have filed a lawsuit in the civil court, you’ll need to adhere to Florida’s 120-day rule for serving the documents to the defendant. You have 120 days from the filing date to serve the notice of the lawsuit to the defendant officially. The typical way to serve these documents is through a professional process server in Florida.

If your business fails to serve the paperwork within 120 days, the defendant can file a motion to dismiss, and the court can dismiss the case. It is possible to refile the complaint if you are still within the statute of limitations. But if you have fallen outside the statute of limitations, you must argue that the state’s Savior Clause applies to your case.

The Savior Clause allows plaintiffs to extend the 120-day rule if they can show “good cause” for why they did not serve the complaint within 120 days. Good cause generally means that the plaintiff attempted to serve the complaint but was not able to locate the defendant or could not otherwise deliver the complaint for valid reasons.

Ensure Timely Service of Process With Professional Process Servers & Investigators, Inc.

In summary, you have 120 days from filing the lawsuit to serve the paperwork, but you can refile if necessary as long as you are within the statute of limitations.

Professional Process Servers & Investigators, Inc. offers reliable service of process in Florida. If required, we can officially serve your complaint to the defendant through a few different methods. Our efficient services can prevent you from missing the 120-day deadline and needing to refile or prove good cause.

To hire a process server in Florida, call 954-566-2523 or complete the online form.

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In the attached video, Amaro Hesen of Professional Process Servers & Investigators explains why outsourcing service of process to professionals isn’t just a convenience—it’s a strategic decision that can save law firms and businesses substantial time, money, and stress. Managing process serving in-house often leads to inefficiencies, compliance risks, and staffing challenges that can derail a case. By outsourcing to trained professionals, firms gain accuracy, scalability, and cost control—all while keeping their teams focused on higher-value legal work. Outsourcing process serving offers immediate cost savings—often between 50% and 70% compared to maintaining in-house staff. You eliminate the expenses of training, benefits, and idle time, paying only for the services you need. Professional process servers are trained in jurisdictional laws, ensuring that every serve is completed correctly, documented properly, and delivered on time. This expertise dramatically reduces the risk of invalid service , missed deadlines , or affidavit errors that can jeopardize litigation. Another major benefit is scalability . Whether your firm is handling routine local cases or coordinating national litigation, outsourcing partners like Professional Process Servers & Investigators have the capacity and network to manage large volumes or urgent assignments without compromising quality. Their tech-enabled systems also provide real-time tracking, GPS verification, and digital reporting—giving you complete transparency and control without administrative headaches. Ultimately, outsourcing process serving allows your attorneys and paralegals to stay focused on strategy and client service rather than logistical tasks. It’s a proven way to enhance efficiency, ensure compliance, and boost profitability. At Professional Process Servers & Investigators , we deliver compliant, nationwide service of process that supports your firm’s growth and reliability goals. 📞 Call us today at (844) 348-3111 or visit proprocessservers.com to discover how outsourcing your process serving can make your firm faster, more efficient, and ready for whatever comes next.