FREQUENTLY ASKED QUESTIONS ABOUT PROCESS SERVING
Why do I need to have the other party served?
The other party needs to have “Notice and opportunity to be heard” before the court has the power to resolve the matter between you and them. The service of the process provides them with the fundamental notice of the case at hand. Once they have been ‘served,’ the court has jurisdiction over the party.
How do I hire someone to serve papers?
- Contact the local county sheriff's Civil Process Services Division in which your papers need to be served within Arizona.
- Hire a constable. A constable is an elected official to a justice court. Each justice court has territorial boundaries that the constable can serve papers within.
- Hire a private process server, Serve Monsters. We are competent, reputable, organized, and professional. To hire us as a process server, simply contact us and ask for quotes and service options. We are available by phone and email and will be able to answer questions regarding the legal service of the process and what our company offers.
How many attempts will you make to serve my documents?
Once we’ve agreed to a flat rate with you, there will be no surprises. We will generally make 3-5 attempts to serve the paper; however, as time is often a factor in the serving of legal documents, we will work with you to get the documents served as quickly and efficiently as possible.
How long will it take for the process server to serve my papers?
Service of process can go out as soon as the same day of receipt, and most are served on the first attempt, granted the other party doesn't avoid service. As timing is everything in this business could take three to seven days to complete your service request.
Is it illegal to avoid being served?
It is not illegal to avoid service of process. In most cases, service is inevitable. If you avoid service long enough, the filing party may still serve you by publication or alternative service by leaving with a co-worker or posting your current residential or last known address in most cases.
What is Alternative Process Service?
Not all states have the ability to motion the courts for alternative service. Courts in Maricopa County, Arizona, can create special serve rules on a case by case basis. We are experts in this, and while we will not give you legal advice, we can assist you on how and where to go to get that assistance. On a showing of good cause, Arizona courts can and will create special serve rules to effectuate service on the other party.
Example: The process server has confirmed employment through his or her employer. The defendant works in the field, rarely in the office. Once the filing party receives the due diligence affidavit, they will attach it as an exhibit to a motion. This motion is referred to as a "motion for alternative service." The judge will then rule on your proposed motion. If granted, the process server will go back to the defendant's place of employment and ask to speak with a supervisor. The motion informs the employer they are responsible for providing notice to the said defendant in this particular case.
Are there restrictions on when documents can be served?
The restrictions depend on which state the papers are being served in or are coming from. Most states have both in-state and out of state serve rules; this is also an important reason why you need to hire a process server.
In most states, you can serve anyone anywhere at any time. In Arizona, service of process can be carried out 7 days a week, 24 hours a day 365 days of the year. Some states regulate certain times of day, i.e., not after 10 pm or not on a Sunday, but in Arizona, process service is non-stop.
In some states like New York, Florida, Virginia, and others, you cannot serve someone at their residence on Sundays, nor can you serve them when they are traveling to and from a court of law. Some states don’t allow serves to occur on holidays.
Please check the laws in your state or consult with a professional process server in the state in which the legal documents have been issued.
Do you have to be face to face to carry out a serve?
This is a loaded question, but no, for the most part, it’s not necessary to be face to face to serve documents. If we can’t get to the person, we may be able to effect service in other ways. Call us to find out more.
Can you break a door down to carry out a process service?
NO! The laws of trespass do apply. We cannot trespass on private property.
Can a process server leave papers at your door?
In most cases, a process server (someone who delivers official court documents) like lawsuits, petitions, enforcements, etc. on behalf of the client for the court can't leave papers sitting under the doormat or posted to the door unless accompanied by a court order specifically specifying such as service but there are situations when they might still serve the documents without the intended recipient present.