Consumer Protection Law

Consumer Protection Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Consumer Protection Law
This answer was rated:

I received a photo radar violation in Paradise Valley, AZ but

never responded in any way...
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?
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 3 minutes by:
1/24/2009
P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 35,711
Experience: 16+ yrs. of legal experience.
Verified
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.



Ask Your Own Consumer Protection Law Question
Customer reply replied 9 years ago

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

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.






Ask Your Own Consumer Protection Law Question
Customer reply replied 9 years ago
What if I just send legal counsel ? Will they be able to them legally as my representative ?
I'm sorry, do you mean if you send an attorney to the hearing to argue that you were not properly served?

Ask Your Own Consumer Protection Law Question
Customer reply replied 9 years ago
Correct
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.


Ask Your Own Consumer Protection Law Question
Customer reply replied 9 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 ?
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 ?
Ask Your Own Consumer Protection Law Question
Customer reply replied 9 years ago
Yes ... exactly
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.





Ask Your Own Consumer Protection Law Question
Customer reply replied 9 years ago
120 days from the time the court makes the complaint
Upon filing of the complaint by the plaintiff with the court

Ask Your Own Consumer Protection Law Question
Customer reply replied 9 years ago
He just tried to serve me again ..... ?
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
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 35,711
Experience: 16+ yrs. of legal experience.
Verified
P. Simmons and 87 other Consumer Protection Law Specialists are ready to help you
Ask your own question now
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 35,711
35,711 Satisfied Customers
Experience: 16+ yrs. of legal experience.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,930 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,422 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,607 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

35,711 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

582 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
In Arizona do auto service facilities require that customers
In Arizona do auto service facilities require that customers must see or inspect parts that have been replaced? I know, 1st hand, that this is the law in many other states … read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
I was rear ended by a suburban 12-14-17. Pushed into car in
I was rear ended by a suburban 12-14-17. Pushed into car in front of me. 1-16 my car was totaled. I have lost week of work, parents killed in car accident has been brought back to mind, worried about … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I am a auto shop in the state of PA I have a customer that
I am a auto shop in the state of PA I have a customer that owes money on his truck repair. I said that he can not have the truck until the bill is paid. he called the police and they said I need to al… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Are you familiar with TN Consumer Law? The complaint is
The complaint is against an Auto Dealer and, yes, they are fully aware and even lawyered up due to a complaint I filed with Consumer Insurance and Titles. … read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
I'm a single dad, fresh out of bankruptcy and I bought this
I'm a single dad, fresh out of bankruptcy and I bought this Truck to rebuild my credit. I thought it was a deal because the engine only had 86k but then, too late found out the phasers failed some tim… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,723 satisfied customers
On Dec 18, 2017 I bought a new car at a Toyota dealership
On Dec 18, 2017 I bought a new car at a Toyota dealership and agreed to the 72 month financing in order to get the rebate and to have my payment at an amount I wanted. They screwed up the paperwork an… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
I want to know about filing a lawsuit on the behalf of my
I want to know about filing a lawsuit on the behalf of my daughter. We live in NC. and I sent her to a education/job program in TN. She was raped and had gone to therapy out there. Later, she was taki… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,930 satisfied customers
For educational purposes, when a patient desires to submit
For educational purposes, when a patient desires to submit medical supplementary patient history (scanned in the patient records), how must information to be titled so as required (HIPAA) as content d… read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
I was served a notice of Mechanics lien and I am not exactly
I was served a notice of Mechanics lien and I am not exactly sure what to do … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I purchased a certified used Nissan first week of November
I purchased a certified used Nissan first week of November 2017. My bank stood by with funding, provided the dealer send them proof of title change with the bank as a lien holder. Two months after pur… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
I made a deposit by phone on Saturday of $2,000 for a
I made a deposit by phone on Saturday of $2,000 for a prefabricated building to be shipped from Canada to my house in California and now cant afford the rest of the cost. I would like to know how to c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
My sister just moved to NC and the movers damaged several of
My sister just moved to NC and the movers damaged several of her furnishings. She tried to settle with the company and they kept putting her off. Yesterday, she called Amex to dispute the charge and t… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
Recently I had work done on my car at Les Schwab Tire
Recently I had work done on my car at Les Schwab Tire Center. The improper work, and failure of the work, caused my life to be endangered twice, and the vehicle to be rendered dangerous to drive, unus… read more
P. Simmons
P. Simmons
Lawyer
35,711 satisfied customers
How do I initiate legal action in a consumer protection
How do I initiate legal action in a consumer protection dispute and how many copies of the RJI does the document the NYS Supreme Court need?… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,930 satisfied customers
I sent a complaint to the TREC against a realtor, who was
I sent a complaint to the TREC against a realtor, who was the seller of her house. The TREC have ruled there is no evidence to support misconduct on the part of the realtor (Texas Occupation Code). Th… read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
I bought a car in RI and the dealer added an extended
I bought a car in RI and the dealer added an extended warranty on the vehicle for 2,499.00 and the month after I purchased the warranty --it was cancelled and I think the dealer kept the total amount … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,930 satisfied customers
Merchant “SHOPIFY” cancel my account but my customers paid
Merchant “SHOPIFY” cancel my account but my customers paid me before and I had about 7k for several days that they didn't deposit my money on my account and wanted to hold it for 190 days, where can I… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,723 satisfied customers
I have fraud situation can you help? I am in Las Vegas
I am in Las Vegas though the transactions took place between Chicago & Mexico City … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x