The Truth About Process Servers

Process Server Tucson

Minors who are or have been married shall be served as provided in this section. Take an oath that the applicant will honestly, diligently, and faithfully exercise the duties of a special process server. In some cases, whoever answers the door at your residence can be served. This is called Substitute Service, which in most states is allowed and is as good as PERSONAL SERVICE. This means that your spouse, roomate, or even an adult child can be served with papers in your case. In most states a competent person over the age of 18 can accept papers. However, even if you don’t touch the papers when they come from the process server, or you don’t sign any sort of paper acknowledging receipt, you still have been served.

However, most process servers will do a stakeout for an hourly fee. The process server will wait for the homeowner to come outside and will serve him then. However, this is most effective if the Board knows when the homeowner is likely to be outside. For example, if the homeowner always walks her dogs after work, the process server can get to the house at about 5 pm to minimize the stakeout time. If serving the homeowner himself, we can serve that person anywhere. For example, the process server can serve the homeowner at work if we can locate that information.

To be a process server you must be over 18 years old, and not a party to the lawsuit. This means that while this person could be a professional process server, they might also be a county sheriff or even a friend. Every state has different laws when it comes to process servers, but overall, they must follow a few specific regulations.

Routine process service can cost you in the range of $80, plus an additional $0.65 mileage fee and other fees i.e. parking, photocopies, affidavits, etc. While a process server cannot harass or stalk a person that he or she is serving with legal documents, the law does not prevent a process server from waiting outside of a home or business for the person to exit. The process server may also wait in front of a known friend or family member’s home if the server thinks the person will visit there.

Criminal Trespass in Arizona Process Servers

What Is a Process Server Allowed to Do?

If the other party in your case is avoiding service or refuses to formally accept service, the person serving must be thoroughly informed about the diligence process service requires. Otherwise, it can result in a case dismissal or even civil liabilities. Most process servers will start personal service by delivering court papers to a person at their home. Most of the time this is not trespassing for a Arizona Registered Process Server, who have some exemptions to trespass laws.

What Is a Process Server Allowed to Do?
Process Serving Information and FAQs

Process Serving Information and FAQs

They may also be required to have bonding and/or insurance to operate their business. Used to provide law enforcement with information that may help them serve someone. More information about service of process abroad is also available on the Department of State website. The full text of the Convention is also available on that website.

Investigated the facts of critical personal injury accidents and Labor & Industries claims. Process servermeans any person or electronic means authorised to serve a court process under any enactment, regulation or rule of court. Applicants must confirm receipt of their applications, and the status of their applications, by referring to the View Pending Applications page of their online profiles. All applicants are sent automated email confirmations of successful application submission and when applications are approved.

Learn more about our Process Server service in Tucson

The process server essentially upholds an individual’s right to due process, which is a constitutional right. By properly notifying an individual, a process server is upholding the rights afforded to every American by the United States Constitution. People move more frequently today than they have in the past so it can be difficult to locate a current address for someone. Businesses can also be tough to nail down, especially with the use of shell companies or “doing business as”. To locate them, it’s necessary to be able to use all available resources to avoid having to petition for alternate service. Depends on the type of documents, if they are sub-serveable, then you still may be served.

Here is the thing…you shouldn’t try and avoid a process server, particularly here in Arizona. SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you. You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt. Don't be like Jack; accept the court papers and fight your case.

Learn more about our Process Server service in Tucson
The Truth About Process Servers
The Truth About Process Servers

One of the things he is allowed to do is to hand the documents to the defendant personally. He could also sub-serve by handing over the legal documents to someone in the same household/business as the defendant. However, in case where the recipient is ignoring the process server, the documents can be served by leaving it next to the recipient.

The Truth About Process Servers
Process Server Definition

If it was me, I probably would not have handled it that way but in the end it did get you served. Server put the loose paperwork on my husbands windshield as he was leaving for work. Generally yes… but they should only really be there to point the person out. We don’t really want them there because they tend to cause problems. However, we are not lawyers or paralegals, you may want to seek the advise of a lawyer regarding this matter.

Process Server Definition