WHAT IS PROCESS?

According to Black’s Law Dictionary, it is defined as …”any means used by court to acquire or exercise its jurisdiction over a person or over specific property…” This is often accomplished with the use of a summons or subpoena, or on occasion a writ or warrant would be issued by the court.

WHAT IS SERVICE?

According to Black’s Law Dictionary, the delivery of a legal document which provides notification to the individual party that a legal action or legal proceeding has begun, and they are involved in this action. The service must furnish reasonable notice to the defendant of proceedings to afford them the opportunity to appear and be heard. This is an important aspect of the value of DUE PROCESS.

WHO MAY SERVE PROCESS?

In the State of Arizona, the Arizona Supreme Court registers the private process servers. Each county Superior Court administers and The Arizona Rules of Civil Procedures (RCP) 4(d) 4(e) state who may serve civil actions, with some exceptions.
Federal rules provide that federal process may be served by those who are authorized to service process in the state where that process is being served.
Sheriffs, deputy Sheriffs, and private process servers registered with the clerk of the court are those authorized to serve process under these parts of the rule.
In Family Law service is governed by the Rules of Family Law Practice rule 40(c).
In Eviction matters service is governed under Rules of Procedure for Eviction Actions rule 5(f).

Can a process server in Arizona pretend to be a pizza delivery person, in order to serve process?

No. For a service of process to be properly effectuate service of process upon the named person (Defendant/Respondent) the process server has to be able to see and be seen, within normal speaking distance, and you have to identify yourself and state your purpose. The court documents can be dropped within the close proximity of the person that the documents are for. You have to reasonably sure that the documents are being to the correct person. Once the court documents are served upon the named defendant, those documents are now in the custody of the person being served. This is referred as a drop serve.

Does the person being served have to touch the documents?

No.  For a service of process to be properly effectuate service of process upon the named person (Defendant/Respondent) the process server has to be able to see and be seen, within normal speaking distance, and you have to identify yourself and state your purpose.  The court documents can be dropped within the close proximity of the person that the documents are for. You have to reasonably sure that the documents are being to the correct person. Once the court documents are served upon the named defendant, those documents are now in the custody of the person being served.  This is referred as a drop serve.

Do I have to pay if the process server is unable to successfully serve the documents upon the person(s) named in the documents?

Yes, as this is a service business and the client are responsible for the cost associated with the service preformed. If service of process cannot be affected successfully, a Return of Non-Serve is sent to the client. This document provides details of each attempt, including GPS coordinates time, date and details of each attempt. You may want to file an alternative means of service with the court. The person or defendant may be able to delay the lawsuit, but sooner or later the court case will occur, even if you choose to avoid service of process, court action can occur without you making a wise decision to retain your rights of due process. I believe that the rates I charge for my service are fair, reasonable, and equitable to the price and quality of service.

Do you utilize technology to assist is service of process?

Yes, we use Global Positioning Systems (GPS) through our Paper Tracker Software and data base. We take a time, date, GPS longitude/latitude coordinate photo along with a written record of the details concerning the attempt, or serve. Mobile APPS are utilized to assist in locating the address as well as in skip tracing and locating the defendant. Social media is also utilized as an aid in obtaining information. The use of a “body cam” is also part of the technology that is used. This is a sensitive topic, as this is new technology and only limited tested in court. The use of a body cam has the ability to provide a record of the eyes and ears of the process server, but it has to be used with care and consideration of all parties involved and on private property.

Are process servers permitted to serve documents on Indian Reservation property?

No. Native American Tribes possess "Nationhood Status" and are retain inherent powers of self government. Each Tribal Nation retains their own process servers that are permitted to serve on Tribal Property and upon tribal members. Private Process Servers are permitted to serve anywhere in the boarders of Arizona. Reservation land are separate Nations.

Are process servers permitted to serve documents on Military installations?

Yes. Military installations permit process servers to only serve active duty personnel who are assigned and stationed to the specific installation. Military Dependants are not permitted to be served process on the base. Civilian personnel working on the base are also not permitted to be served on the military base. It is always prudent to provide the process server with phone numbers to the individual being served. Wait time is charged for any serve located on a military base.
Jails and state and federal prisons are permitted to serve process at.

Are process servers permitted to serve documents on gated communities, or jump the fence if gate is locked?

Private Process Servers are permitted to serve anywhere in the state of Arizona, yet are not permitted to trespass on private property. A gated community is locked at the gate or has a security guard and guard house. The security guard will not permit the process server access to the property, nor will they call the person being served. We are not allowed to follow a car into the gated community. With gated communities If we are given the access code by an authorized person, we can legally gain entry. Some property is gated by a lock, and that lock is as far as the process server is permitted to go.

How do you become a Process Server in Arizona?

In order to be licensed in the State of Arizona, by the Arizona Supreme Court and through the Pima County Superior Court Clerk’s office and submit an application to become a Private Process Server. You must submit a fingerprinted card by TPD or Pima County Sheriff, study & pass a test administered by the Court Clerk’s office, pass an FBI background Investigation and pay all applicable fees and costs. After passing the test and FBI investigation a judge approves your application and you pick up your Private Process Server ID badge. This is good for three years, from the date of issuance.
You must also complete 10 hours of Continuing Education each year and those will be submitted to the court along your renewal application and Fingerprint card, for a total of 30 hours of continuing Education.

What can’t a process serve do?

Don’t guess about the Rules. Each state has a different set of Rules governing the Service of Process. Some states do not permit serving documents on Sunday. Some states may not allow sub service, while other states may require Personal service only. As a Process Server you are required to know the Rules of the court documents that you serve, no matter what court has the jurisdiction. Your license, reputation, financial condition, and freedom are at stake.
Don’t touch that mail box. The mailbox and contents are the property of the U.S. Post Office.
Don’t trespass. As a process Server you have the right to ingress and egress in order to serve process and aid in due diligence. The courts job is to define and establish law. Caution needs to addressed and conservatively practiced as you perform your job to the best of your ability.
Don’t yell, ague, threaten or harm the people you come into contact with. People have the right to avoid service of process, for whatever their reasons are. You have the right to attempt service of process, including the right to drop serve the document under the Rules of the Court. Your only obligation is to attempt proper service of process and submit a Return of Service and file it with the proper court and submit a copy to the client or submit Return of Non-Service to your client, along with an invoice.

Summons/Petition

Is an order to appear before a judge.  It provides legal notice to a party (defendant/respondent) regarding a lawsuit they are named in.

A Petition is a request for the court to make a ruling on something without the assignment of blame.   Petitions are document used in adoptions, dissolution marriage, guardian and conservatorships, custody actions and probates.

Complaint

Is the first document filed in court by the plaintive.  This document states the plaintive is claiming legal rights against the defendant.  In the pleadings, the plaintiff addresses the factual claims of legal rights.  It names the plaintiffs, attorney, court of jurisdiction, case file #, defendants, and all the information needed to respond to the complaint.  A complaint and summons must be filed together.

Answer

A written pleading filed by the defendant to respond to the complaint that was filed by the plaintiff.  This must be filed with the court, and a copy submitted to the plaintiff or plaintiff’s attorney.

Subpoena or Subpena

An order of the court for a witness to appear at a particular place and time.  A subpoena may require that the witness appear in court or give a deposition.  The subpoena must be personally served to the named witness.  A subpoena in a civil case must also be accompanied with a witness fee for travel expenses. If the witness does not show up and testify, the court may punish the witness with contempt of court.

Subpoena Duces Tecum

An order of the court requiring a witness to produce documents in their possession or under their control, at a specific place and time.  This document must specify specific documents.  A subpoena Duces Tecum or Request for Production of Documents must accompany with a document copy fee, to cover the cost of submitting the documents.  Often to obtain documents from the opposing party, a “Request for Production of Documents” may be used.  Failure to respond to Subpoena Duces Tecum or Request for Production of Documents may require the court to punish the non-compliant party with a contempt of court order.

Special Forcible Evection Detainer (FED)

This is a step in the evection process where the landlord (plaintiff) files documents that state the named defendants (tenants) are illegally occupying the property that they formerly had legal right to occupy.  They are not trespassing, because they did have a right to occupy the property in the past.  The SUMMONS in a FED will have the name of the Court that has jurisdiction in the case along with the court address.

There will be a Case Number, the presiding judge assigned to hear the case, the court room, Date and time for the hearing.  It will also list the owner of the property and their address and phone number, and the attorney for the plaintiff, if any.  The defendant and address of the defendant will also be named.  The Complaint This document states the plaintive is claiming legal rights against the defendant.  In the pleadings, the plaintiff addresses the factual claims of legal rights.  It names the plaintiffs, attorney, court of jurisdiction, case file #, defendants, and all the information needed to respond to the complaint.  A complaint and summons must be filed together.  Along with the summons and complaint the FED for non-payment of rent, must include a copy of the five-day notice, an Information Sheet to the defendant. If the FED is for violations of the lease agreement or violations of the law, the FED must include those violations and are commonly referred to irreparable FED then this type of FED will provide documentation that shows this violation, i.e. police report, lease agreement signed by the defendant.

The FED is filed with the court.  A court case # is given and placed on the Summons and on the Complaint.  A court date and time is set and placed on the Summons.  The court date and time is set by the Clerk of the Court and is set 6 to 7 days from the date of issuance.  The presiding judge is named.  The process Server has to serve the FED document on the named defendants at the address listed on the documents.  The process server must serve the documents to each named defendant in person or in person to one of the named defendants in person and by substitute service by leaving with one of the named defendants (or by leaving with a resident at least 14 years of age), within two day of the court date.  Or my placing a copy of the document on the front entrance to the property for each named defendant and mailing by certified mail a copy of the documents all within one day of issuance.  The process server must also submit a Return of Service to the court to be placed in the file for the court. If the process server places a copy of the documents on the front entrance and mails by certified mail, then the original copy of certified date stamped certified mail receipt must be submitted to the court along with the Return of Service.

There are FED for non-payment of rent.  Personal or Nail & Mail. Certified Mail

There are FED for violations of lease, violations of the law on the property, or improper conduct/behavior.  Personal or Nail & Mail. Certified Mail

 

There are FED for mobile homes that the lot rent has not been paid, and the mobile home is owned by the defendant, land property is owned by the plaintiff.  Require Personal service.

There are FED for property foreclosure or default on a mortgage.  First Notice Post on Front Entrance of Property.  On Second Notice Personal Service.

5 Day Notice

This is the initial formal step in the evection process.  If the tenant has not paid the rent or made arraignments that you are in agreement with, on the fifth day, you are authorized to submit a 5 Day Notice to the Tenant(s).  You may give this notice to the tenant in person, or you may place it on the door and mail a copy to the tenants by certified mail.  If you “nail & mail” the document, the court requires 10 days from that date to provide the defendant an opportunity to respond, and set the court date.  Therefore, it is often about the 15th of the month that the FED is filed with the court and a court date is set.

At the FED hearing the court will render a verdict and enter a judgement, often providing the former tenant 5 to 6 days to pay the amount owed in full or physically vacate the property.  The landlord will place a copy of the ruling from the court either in person, or “Nail and Mail” a copy to the defendants/tenants.  If the defendants have not paid, and have not vacated the property then the next step will proceed.

Writ of Restitution

If the landlord receives a judgement from the court, A writ of restitution will be filed and submitted/served by the constable.  The constable will place a copy of the writ of restitution on a widow, stating that trespassing onto the property is illegal, and the locks to the property will be changed.  The former tenants must contact the landlord in the next 20 days to regain possession of the private property located within.

Satisfaction of Judgement

The plaintiff files this with the court when the defendant satisfies the obligation ordered by the court.

Order to show cause/Order to appear

This document requires the person to appear before the court regarding weather of not relief should be granted.  Basically, the person is being asked to defend their case.  This document is most often used in family or domestic cases.  Occasionally this may include a contempt clause that requires....

Temporary Restraining Order (TRO)

This type of document restrains someone from some act for a specific period of time.

Orders of Protection

This type of document prohibits a specific person from harassing, disturbing, or contacting a specific person or group.

Order for Supplemental Proceedings

This type of document is used by the court after a judgement has been given, this may also be called a sup pro, or judgement debtors exam.  The judgement debtor must bring records of whatever assets can be used to satisfy the judgement.