48.21
Return of execution of process.
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48.21 Return of execution of process.—
(1) Each person who effects service of process shall note on a return-of-service form attached thereto the date and time when it comes to hand, the date and time when it is served, the manner of service, the name of the person on whom it was served, and, if the person is served in a representative capacity, the position occupied by the person. The return-of-service form must list all pleadings and documents served and be signed by the person who effects the service of process. However, a person who is authorized under this chapter to serve process and who effects such service of process may sign the return-of-service form using an electronic signature.
(2) A failure to state the facts or to include the signature required by subsection (1) invalidates the service, but the return is amendable to state the facts or to include the signature at any time on application to the court from which the process issued. On amendment, service is as effective as if the return had originally stated the omitted facts or included the signature. A failure to state all the facts in or to include the signature on the return shall subject the person effecting service to a fine not exceeding $10, in the court’s discretion.
History.—s. 18, Nov. 23, 1828; RS 1026; GS 1414; RGS 2612; CGL 4276; s. 4, ch. 67-254; s. 4, ch. 94-170; s. 1356, ch. 95-147; s. 3, ch. 2004-273; s. 5, ch. 2011-159; s. 7, ch. 2019-67.
Note.—Former s. 47.47.
Notes of Decisions
Cited in 36
cases (13 in the last 5 years), 1984–2025 · leading case: Lance Koster v. Carol Sullivan
Lance Koster v. Carol Sullivan (2015)
“2 § 48.21, Fla. Stat. (2009). The pertinent portion of section 48.”
Re-Employment Services, Ltd. v. NLAC (2007)
“§ 48.21, Fla. Stat. (2006). In the present case, the return of service was defective on its face because it not only failed to accurately note the date and time the process came to hand, but also it actually stated that it came to hand before the summonses were even issued.”
Koster v. Sullivan (2012)
“Because a strict reading of section 48.21, Florida Statutes (2010), supports the trial court’s finding that the return of service was regular on its face and the record also supports the trial court’s finding that Koster failed to meet his burden of proving ineffective service,…”
Coutts v. Sabadell United Bank, N.A. (2016)
“The court noted that “the language of section 48.21 does not expressly incorporate section 48.”
Robles-Martinez v. Diaz, Reus & Targ, LLP (2011)
“This determination was made by simply reviewing the four corners of the return to see if it contained all of the information required by the applicable statute: Section 48.21, Florida Statutes (1979) requires those serving process to record, among other things, the manner of…”
Gonzalez v. Totalbank (1985)
“21, Florida Statutes (1979) requires those serving process to record, among other things, the manner of execution of the process and the name of the person served.”
Murphy v. Cach, LLC (2017)
“§ 48.21, Fla. Stat. (2015). Therefore, for a return of service of process to be facially •valid; it must include the following four facts: (1) the date and time the pleading is received ■ by the process server; (2) the date and time that process is served; (3) the manner of…”
Frank Romeo and Connie Yang v. US Bank National Association (2014)
“Section 48.21, Florida Statutes (2013), governs returns of executions of process.”
Vidal v. SunTrust Bank (2010)
“The return of service fully complied with the statutory provisions contained in section 48.21, Florida Statutes, and noted the date and time of service; that the person at Vidal’s place of abode was over the age of 15 years; and that the process server had informed the person…”
David Davidian and Irma Davidian v. JP Morgan Chase Bank, National Association (2015)
“of service complied with section 48.21(1), Florida Statutes (2015), which provides: Each person who effects service of process shall note on a return-of-service form attached thereto, the date and time when it comes to hand, the date and time when it is served, the manner of…”
Schneiderman v. Cantor (1989)
“§ 48.21, Fla. Stat. (1987). On October 6, 1987, appellant's attorney wrote the trial court admitting his client received a copy of the complaint and expressing that an attack on the defective service might be made to avoid the acknowledged default.”
James Matthews and Roberta Matthews v. U.S. Bank, National Association, etc. (2016)
“Section 48.21, Florida Statutes (2014), identifies “four facts that a return of process shall note:” (1) the date and time that the pleading comes to hand or is received by the process server, (2) the date and time that process is served, (3) the manner of service, and (4) the…”
— 48.21(1) — 13 cases
Coutts v. Sabadell United Bank, N.A. (2016)
“The court noted that “the language of section 48.21 does not expressly incorporate section 48.”
David Davidian and Irma Davidian v. JP Morgan Chase Bank, National Association (2015)
“of service complied with section 48.21(1), Florida Statutes (2015), which provides: Each person who effects service of process shall note on a return-of-service form attached thereto, the date and time when it comes to hand, the date and time when it is served, the manner of…”
Frank Romeo and Connie Yang v. US Bank National Association (2014)
“Section 48.21, Florida Statutes (2013), governs returns of executions of process.”
— 48.21(2) — 8 cases
Frank Romeo and Connie Yang v. US Bank National Association (2014)
“Section 48.21, Florida Statutes (2013), governs returns of executions of process.”
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