What Exactly Can a Process Server Do to Serve Papers?

July 17, 2024 | Arizona Law

What Exactly Can a Process Server Do to Serve Papers?

Process servers are private individuals who serve legal notices and documents to parties to a lawsuit or legal matter. The process server must locate the person and deliver the documents in person.

The Arizona Supreme Court adopted §7-204 of the Arizona Code of Judicial Administration to allow for a statewide procedure to certify process servers. The discipline and certification of private process servers are the responsibility of the Superior Court in each county. 

According to Rule 4 of the Arizona Rules of Civil Procedure and §12-3301 of the Arizona Revised Statutes, someone with a certification as a private process server can serve papers anywhere in Arizona for any court of the state.

How Do Process Servers Deliver Papers in Arizona?

Process servers are creative. If you refuse to answer the door, they are not deterred. They can stake out your residence or workplace and wait for you to come out or go in to serve the papers. As long as they are not trespassing or harassing you, they can wait as long as necessary to serve you.

If the process server cannot serve you personally, they can leave a copy of the papers at your home with someone of suitable age and discretion. They may also deliver the documents to an agent who is authorized to receive service of process on your behalf.

Alternative means of service include serving you by publication in a newspaper published in the county where the action was pending and in the county where you reside if it is a different county. You may also be served by mail in some situations.

Are Process Servers Prevented From Taking Certain Actions to Serve Papers in Arizona?

Process servers are prohibited from taking some actions in their quest to serve you with legal papers. Things that a process server cannot do include:

Trespassing

Process servers must follow all state and federal laws regarding trespassing on someone’s property. As discussed above, they can wait in the street or on other public property until you leave home or work.

Going Through Your Mail

Process servers are not permitted to go through someone’s mail. However, there is debate about whether they can open a mailbox to see if mail is inside. The U.S. Postal Service prohibits anyone other than Postal Service employees and the people who own the mailbox from placing or removing items from mailboxes.

Breaking and Entering

A process server cannot enter private property without permission. They can be charged with breaking and entering if they do so.

Using Deception

A process server cannot lie about who they are, what they are doing, or what they are handing you. For example, they cannot tell you they are a police officer, attorney, or other government employee if it is untrue. Even if they are a law enforcement officer, they cannot use this fact if they are not acting within their official capacity as an officer.

Using Force

A process server cannot force you to take the legal papers. However, you can be served even if you do not touch the papers. The process server can call you by name, tell you that you are being served, and drop the papers at your feet if you refuse to take them.

A common form of legal papers is a summons and complaint for a personal injury claim. You may have been involved in a car accident, or someone may have been injured on your property in a slip and fall accident. You forgot about the accident, but now you have been served with a personal injury lawsuit.

If this happens to you, contact a Phoenix personal injury lawyer immediately. You must also notify your liability insurance company. Your insurer should hire an attorney to defend the lawsuit. However, you may want to consult a private attorney of your choosing to ensure you understand your legal rights.If you were injured because of another person’s negligence, you may be entitled to compensation for your economic and non-economic damages. However, your time to take legal action is limited by Arizona’s statute of limitations. Therefore, you want to contact a Phoenix personal injury attorney as soon as possible to discuss your legal options for filing an accident claim.

Contact the Arizona Personal Injury Lawyers at Curiel & Runion Car Accident and Personal Injury Lawyers Today

If you were injured in an accident in Phoenix, AZ, and need legal help, contact our Phoenix personal injury attorneys at Curiel & Runion Car Accident and Personal Injury Lawyers to schedule a free case review today.

Curiel & Runion Car Accident and Personal Injury Lawyers
1221 E Osborn Rd. Suite 201
Phoenix, AZ 85014
(602) 595-5559