What section 48.20 says
The statute is short and old: it dates back to 1828. It says that service or execution on Sunday of any writ, process, warrant, order or judgment is void, and that the person serving it, or causing it to be served, is liable to the party aggrieved for damages as if there had been no process at all. Read it in full at section 48.20, Florida Statutes.
So Sunday is not a "slow day" for serving in Florida. It is a day when a serve does not count, and can cost money on top. That is why a careful process server in Florida works Monday through Saturday.
Is there any exception for Sunday?
One narrow one. If the person requesting service swears in an affidavit that they have good reason to believe the person to be served intends to escape from Florida under protection of Sunday, an officer furnished with an order from the trial court judge may serve on Sunday, and that service is valid. It takes a sworn affidavit and a judge's order, and the statute speaks of an officer. Whether that fits any real situation is a question for a Florida attorney.
Can you be served on a Saturday in Florida?
Yes. Section 48.20 names Sunday only. Saturday is a normal service day, and often a good one: plenty of people who are never home on a weekday are home on Saturday morning. At Agera, Saturday attempts are part of the plan whenever the order's time includes one.
Can papers be served on a holiday in Florida?
Section 48.20 speaks only of Sunday. It does not list holidays. Holidays do matter in other places: section 48.091 sets the hours a corporation's registered office must be open, and it excludes Saturdays, Sundays and legal holidays, so the law does not expect a registered office to be open on those days. See section 48.091, Florida Statutes. Whether a holiday affects a deadline in your case is a question for your attorney.
What time can a process server serve papers in Florida?
Florida's statutes do not set hours of the day for serving an individual. A few methods are tied to business hours, though. For example, under section 48.031(2)(b), substituted service on a sole proprietor at the place of business is made during regular business hours, on the person in charge of the business at the time.
In practice, good servers spread attempts across the day: an early morning try, a midday one and an evening one. Nobody enjoys a knock at 6 a.m., servers included, so the timing is about finding the person, not surprising them.
Does ordering on a Sunday change anything?
No. Ordering is not serving. You can send the papers to a process server on a Sunday, and the first attempt simply happens on the next service day. The same goes for a deadline that lands near a weekend: if your 120 days under Rule 1.070(j) are running short, Sunday is a day the server cannot use, so plan around it. Our article on how long you have to serve papers in Florida covers that clock.
What if someone is served on a Sunday anyway?
Under section 48.20 that service is void, which generally means it has to be done again on a proper day, with the case clock still running. If you think that happened in your case, talk to a Florida attorney about your case.
How Agera can help
Agera Legal Services is a certified process server and NAPPS member based in Kendall. We serve Monday to Saturday across Miami-Dade, with a GPS point and a photo on every attempt. You can order online any day of the week, and the attempts start on the next service day. For homes behind a gate, see our page on gated community and condo service, and the Florida process service FAQ covers the other common rules.
Every order is placed at one of four turnaround levels. Service days are Monday to Saturday. Every level includes up to 4 attempts, the client portal, status updates and the notarized affidavit.
- Standard, $60: First attempt within 72 hours, completed within 10 service days.
- Rush, $80: First attempt within 24 hours, completed within 5 service days.
- Same Day, $100: First attempt the same day, completed within 4 service days.
- Same Day +, $200: More than one attempt the same day, completed within 2 service days.