what are the legal methods of serving someone in the state of arizona
Hello and thanks for choosing Just Answer®:
I am a licensed attorney and will do my best to provide you an honest and accurate answer to your important legal question.
My goal is to make your experience here highly satisfactory. Toward that end, please keep a few details in mind during our interaction:
1. I am a lousy mind reader. If you do not supply information to me, I do not know it. Please, give me the needed details to work with so I can provide you with the best possible service. Also, if you use the RELIST or BLOCK features, our discussion ends and I may no longer be able to assist. Please, just write back to me, directly, and talk to me.
2. Also, while I make every effort to work in a timely fashion, answering legal questions is not an instantaneous process. I am required to conduct research, interact with multiple customers simultaneously and sometimes take a break. Also, there may be times when I have to sign off for the night or to attend to other obligations. Rest assured, however, I will get back to you.
3. If you have a new legal question, the terms of this site ask that you post it in a separate thread. In other words, please be fair and reasonable. You can direct any future questions to my attention. Just go to my Profile Page, type in the text box "ask Your Question", click the hyperlink that says "15 minutes", and use the drop down menu to select 12 hours.
4. Please remember that many times even attorneys disagree with the law. But, we cannot change it. The answer I give you is based on my years of legal education and professional practice. It may well not be what you were hoping to hear. I will be upfront and direct. I will not mislead you, misstate the law to suit your hopes, or agree just to meet your expectations.
5. If you answer an Information Request and I start working on formulating your answer, it does take some time to draft a quality response. In the meantime, you may receive a message indicating that I am "offline" or "unavailable". This is not the case. These messages are generated automatically without my knowledge or input.
6. Lastly, please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated. Information provided is informational and not legal advice. I am not your attorney. No attorney-client relationship exists between us. Consult legal counsel in your jurisdiction.
QUESTION: "Is this legal?"
ANSWER: No. Here is how this works. The key factor is your mention that your friend lives elsewhere. Arizona Rules of Civil Procedure Rule 4.1 provides in pertinent part that service of a summons upon an individual: "...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." [emphasis added in underlining]
I truly hope all works out for you. I know this is a lot to take in, so please do not hesitate to write back. After you select "Accept", our conversation need not end. I would be happy to continue our dialog, without further charge, until you are fully satisfied. I promise to check back periodically for any updated posts from you each time I return to this online venue.
Take care and thanks again for choosing JustAnswer®!
Join thousands of satisfied customers by adding me to your bookmarks/favorites: LawInfoNow. Just type your future question in the text box to direct it to my personal attention.
Ok so let me see if I understand this completely, they can not leave documents with people that are not living with you. If they do this and walk away, like the man did. What should his parents do, they told him he did not live there and the man insisted that the person filing says he lives there your his parents consider him served. They were just going to throw the documents away because he does not live there.
Hello,
I have not heard back from you on my previous question, can you please get back to me as soon as you can.
Thank you
Attachments are only available to registered users.
Hello again,
Thanks for writing back -- good to hear from you.
You are quite welcome-- my pleasure to be of service.
I will be glad to comment further -- please see below.
Many thanks for your payment -- greatly appreciated!
QUESTION: "What should his parents do, they told him he did not live there and the man insisted that the person filing says he lives there your his parents consider him served."
ANSWER: In terms of the parents, the only thing they can do is to notify the person named in the suit. Otherwise, it is entirely up to that person how to respond (or not). If the defendant does not timely answer, he risks the entry of a default judgment against him. The best thing he could do is seek dismissal, but this should be done carefully by an attorney through means of what is called a special appearance. It means, essentially, saying to the Court, your Honor, I am not even here, meaning I am not agreeing that I even have to answer this suit, but I am making this one appearance just for the sake of saying so. It can get a bit technical, but a litigation attorney will know exactly what to do.