Instructions for Completing
an Affidavit of Diligent Search and Service by Publication
WHAT YOU NEED TO KNOW
YOU NEED TO FOLLOW THE INSTRUCTIONS BELOW:
Service by Publication is used when service has been returned indicating that the other party could not be located. You must prove to the Court that you have made a reasonable effort to locate him/her.
Follow these instructions to complete a Diligent Search and Inquiry. The form lists places to search for the other party.
The five places listed below are the minimum requirements that must be done:
You are required to file written proof of your search efforts such as payment receipts, printed search results, letters from companies/organizations/businesses and/or other proof of your attempts to locate information on the other party.
Form 12.913(b) Affidavit of Diligent Search and Inquiry has more places to search that may be needed for you to complete your diligent search.
- Follow through on all leads that you discover as a result of your search.
- On the other hand, if, during your search for the other party, you locate his/her address, then you must have him/her served by personal service as provided for in Chapter 48 of the Florida Statutes. It will then be unnecessary to file the Affidavit of Diligent Search and Inquiry.
- THESE INSTRUCTIONS ARE NOT INTENDED TO SUBSTITUTE FOR LEGAL ADVICE. IF YOU HAVE QUESTIONS ABOUT THE LAW AND SEEK LEGAL ADVICE, YOU MUST CONSULT A LAWYER.
Florida Courts Help available at the touch of a screen:
For constituents, customers, or callers seeking help with family law cases – divorce, adoption, name change, custody, order of protection, and much more – there is now a one-stop source for lots of information aimed at self-represented people. Florida Courts Help is available at app stores as well as online at help.flcourts.gov.