what are the legal methods of serving someone in the state of arizona
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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]
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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.
I have not heard back from you on my previous question, can you please get back to me as soon as you can.
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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.
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