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P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
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Experience:  16+ yrs. of legal experience.
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I received a photo radar violation in Paradise Valley, AZ but

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I received a photo radar violation in Paradise Valley, AZ but never responded in any way. At home on phone and saw a stranger through glass heading towards house. Assuming it was a server I retreated to office and finished call and he left. Through glass door I can see he left paperwork. Question: Was I officially served ? My assumption was someone at residence had to acknowledge receipt. What should be by next steps?
Submitted: 5 years ago.
Category: Consumer Protection Law
Expert:  P. Simmons replied 5 years ago.
Thanks for the chance to assist

It appears that in AZ, you have been served



(d) Service of Summons Upon Individuals. Service upon an individual from whom a waiver has not been obtained and filed, other than those specified in paragraphs (e), (f) and (g) of this Rule 4.1, shall be effected by delivering a copy of the summons and of the pleading to that individual personally or by leaving copies thereof at that individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the pleading to an agent authorized by appointment or by law to receive service of process.



Here is the reference

http://www.served.com/az.asp


So, there is not a requirement to acknowledge receipt under AZ rules. I recommend you attend the proceeding to avoid default judgment.



Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.



Customer: replied 5 years ago.

Under 4.1 number 5 d it appears it says with some person of legal age

Expert:  P. Simmons replied 5 years ago.
Sorry

Misread

I think your correct, that

or by leaving copies thereof at that individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein


If this is the case, then they may not have proper service.

But understand that if you do not show up to court...it is likely that there will be a default judgment against you, at this point, to reverse the judgment, you will need to go to court and demonstrate that you were not served properly. If you can do this, the court will dismiss the charge...but at that point you will be likely be served and will start the process over again.






Customer: replied 5 years ago.
What if I just send legal counsel ? Will they be able to them legally as my representative ?
Expert:  P. Simmons replied 5 years ago.
I'm sorry, do you mean if you send an attorney to the hearing to argue that you were not properly served?

Customer: replied 5 years ago.
Correct
Expert:  P. Simmons replied 5 years ago.
The lawyer alone will not be able to present evidence...you would need to attend to present evidence to the court that the service was improper...at this point the court would likely dismiss...but as I said, the plaintiff could take this opportunity to serve you.


Customer: replied 5 years ago.
I guess my option at this point is to hire counsel and give it a try or pay the violation. Last question: Would there posiibly be a time restriction to be served at the court if the date set was set in several months ?
Expert:  P. Simmons replied 5 years ago.
I'm sorry, do you mean that will there be a problem if they wait too long to serve as in statute of limitations? What do you mean by:

Would there posiibly be a time restriction to be served at the court if the date set was set in several months ?
Customer: replied 5 years ago.
Yes ... exactly
Expert:  P. Simmons replied 5 years ago.
Well, when the file the action, the statute of limitation is tolled. So has long as the action was filed in time, you will not have a problem with the statute.

As for service, timing

Rule 4(i). Summons; Time Limit for Service
If service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint, the court, upon motion or on its own initiative after notice to the plaintiff, shall dismiss the action without prejudice as to that defendant or direct that service be effected within a specified time; provided that if the plaintiff shows good cause for the failure, the court shall extend the time for service for an appropriate period. This subdivision does not apply to service in a foreign country pursuant to Rule 4.2(h), (i), (j) and (k) of these rules.


So, they have 120 days to get it served.





Customer: replied 5 years ago.
120 days from the time the court makes the complaint
Expert:  P. Simmons replied 5 years ago.
Upon filing of the complaint by the plaintiff with the court

Customer: replied 5 years ago.
He just tried to serve me again ..... ?
Expert:  P. Simmons replied 5 years ago.
He has 120 days from filing complaint to serve...if this is not accomplished you can petition the court to dismiss...but dismissal is without prejudice...so he can file again.

Really, if the plaintiff wants to bring you to court, at some point they will be able to...the system is designed to allow plaintiff's to get their cases to court...and does not support individuals who attempt to hid from service.


P. Simmons, Lawyer
Satisfied Customers: 27145
Experience: 16+ yrs. of legal experience.
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