What is Service of Process & What is the benefit ?
What is Service of Process: Service of Process is when *Court Issued
legal documents are hand delivered to a Specific Person, Business or Government
Entity by an authorized individual who is not a party to the case. The service is
documented by an Affidavit of Service *a few documents not issued by the court may
be served by a Arizona resident who is at least 18 yrs old.
What
is the Purpose: This is so the Judge will know the following information;
which is contained in the Affidavit of Service, aka Proof of Service
- The Party Served was given proper Notice of a Legal Proceeding.
- Service was done in accordance to the Rules of Civil Procedure
- The Party was the correct Entity to be served, this requirement changes by: age
of the Person served, Business type, Government Agency or Official
- The Server has no interest, bias or financial gain in the proceeding.
How is the Judge informed about the Service ? by an
Affidavit of Service or Certificate of Service; the following information is required
to be listed.
- Court Jurisdiction and Case number
- Documents Served
- Date, Time & Location service took place
- Person and manner of Service
- Server Name & License Number
- Fee charged for service
Who is responsible to file the Proof of Service and how do I get a copy?
The Process Server MUST file a Proof of Service with the Court promptly
and provide a copy to you.
Must I use a Process Server ? If your case is filed in an Arizona
Court, then “yes !” you MUST use an Agent of the Court aka a Process Server. Only
a Process Server and Deputy Sheriff are authorized to serve Legal documents in the
State of Arizona.
What if my Case was filed in another of State ? If your case is
issued in another State you may not be required to use a process server. However
the person who serves the papers MUST follow the issuing States Rules of Civil Procedure.
Even if the State where you filed does not require a Licensed Server, keep in mind
that a process server is someone who is experienced in serving legal documents efficiently.
Also Direct Access professional process servers are knowledgeable of the legislation
required to properly Serve documents from ALL 50 Sates
Can you Serve my papers in another State ? Yes we can. There are
several requirements associated with serving legal documents that vary from state
to state, or county to county. If the service is not performed in accordance with
the local Rules, this can hinder your case from going forward or result in the dismissal
of your case entirely. Direct Access has been in business for 25 years. We belong
to the National Association of Professional Process Servers. We have established
relationships with hundreds of Process Service Companies, Independent Servers and
Deputy Sheriffs around the Country. We have successfully served thousands of documents
out of State and in Canada.
What does is cost to have my papers served ? Typically to serve
papers in State (AZ) average about $ 50 in Metro Phoenix and $ 120 in other Counties
and sparsely populated areas. Papers to be served Out of State average about $ 85-125
depending on State & City. Papers to be served in Canada average $ 185-225 depending
on Province & City.
Types of papers we Serve – Most documents we serve are; Summons
& Complaint, Protection Orders, Divorce, Evictions, Guardianship, Garnishments,
various Notices and Orders.
Serving Your Spouse With Papers – We can serve your spouse with
Court Issued documents either at home, work or any location you specify, except
Indian Reservations. Direct Access’s Servers conduct themselves professionally and
are careful to make the experience amiable.
Serve Divorce Papers – We can serve your spouse with Court Issued
divorce papers either at home, work or any location you specify. If your spouse
is represented by an Attorney of Record, then we can serve the Attorney on behalf
of the spouse. Service at work is very effective if the person works on location
and we can gain access to them. Service at work must be done by Personal Service
only. Service at home is also very effective because we have more options available
to us under the law to serve your paper. We strive to serve the defendant /respondent
personally as our first option. If unavailable or not present we can serve any occupant,
age 14 years and older who resides at the residence with the defendant.
What if I have special circumstances that need to be accommodated ?
No problem. Our Servers act discreetly and we regularly work with our clients to
accommodate special circumstances. We are here to help the Process be done smoothly
and with care to avoid unpleasant responses, especially around children.
Can I Serve Papers anywhere in Arizona ? - We can serve documents
anywhere in the State of Arizona, except Indian Reservations. Some reservations
will appoint us authority to serve on the reservation but this is rare. In most
cases a Server Authorized to serve on the reservation on a regular basis would need
to be obtained.
Please Click Here to learn more about
Serving Papers