Peaceful Paws Memorial Services LLC v. Tarves
A judgment creditor served a post-judgment continuing writ of garnishment on an LLC garnishee by delivering it to a person described as an employee/authorized member of the company, invoking section 48.081 (corporations), and obtained a clerk's default and default final judgment. The Third DCA reversed, holding service on an LLC is governed by section 48.062, which permits substitute service on an employee of the registered agent (not merely an employee of the LLC) on a first attempt, and permits service on a member only after the registered agent cannot be served with reasonable diligence "a showing absent from the return of service.
Key facts
- Peaceful Paws Memorial Services LLC, a judgment creditor, sought to garnish funds from Tarves (an LLC garnishee) by serving a post-judgment continuing writ of garnishment on a person identified as an employee/authorized member of the LLC.
- The trial court accepted service under section 48.081 (the corporate service statute), entered a clerk's default, and rendered a default final judgment in favor of the creditor.
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Why it matters
The opinion is a clean roadmap for attacking (or perfecting) service on Florida LLCs, emphasizing that plaintiffs cannot borrow the corporate service statute (48.081) or serve a company officer in lieu of the registered… — full analysis with a trial
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