Monday, November 16, 2009
Problems with process servers.
I just received a call from a frantic woman. It turns out that the guy she paid $40 to USED TO BE licensed but isn't anymore. She should've checked the link I listed below to see if his license had expired. It would have saved her the $40 plus a huge headache as her service is not valid now and her papers are gone... (Ladies and Gentlemen, you get what you pay for [or less]).
Thursday, March 19, 2009
Questions and Answers about Process Service in the State of Arizona
Responses, courtesy of Hasty Process Service - http://www.serve4you.com - as of 03/19/2009
Q1. Can't I just take my small claims summons & complaint and mail it to the Defendant via USPS certified/return receipt requested?
A1. In a short answer, yes. HOWEVER, please consider the following first:
99.9% of small claims Plaintiffs want their money back from the Defendants immediately. They've already waited and waited and then filed with the Court and are dreading having to wait even longer. Besides, the Defendant may dispose of all his/her assets while all of this waiting is taking place. It also usually costs over $5 for postage and etc. All the Defendant has to do is ignore your certified letter (or perhaps sign for it and try to claim the contents did not include the legal documents) and you've lost additional weeks of time and money. You will still have to hire a private process server at that point. Call us and have it served TODAY.
Q2. Can't I just have local law enforcement serve my injunction against harassment/protective order/("restraining order") for free?
A2. From our experience, some law enforcement agencies will not serve those documents at all. If they do, it typically is not free and/or takes quite a while for it to get served (if ever). Call us today and have it served properly and right away.
Q3. How long do I have to get the documents served?
A3. It depends on the court and type of case. For example, many cases must be served within 120-365 days of being filed. Otherwise they may risk being dismissed due to "failure to prosecute".
Q4. I found a company that promised to get the documents served. What do you think about that?
A4. It sounds like they really want your business, at any cost. We would really love to have your business as well, but we refuse to lie to you in order to obtain it. Nobody can honestly PROMISE that they will serve your documents. For example, if the Defendant is dead or otherwise legally incapacitated, they will not be able to personally serve the documents upon that person. Depending upon the court, there are usually other methods of service available. We have a very high rate of successful service. However, in the unlikely event that we are unsuccessful, we document the date, time and number of attempts on our affidavits so that the Plaintiff can return to the Court in search of other methods of service that are only available after first having attempted service via a private process service.
Q5. Can't I just have anyone that is 18 years old or older and not a party to a case serve a subpoena?
A5. I would personally recommend utilizing the services of an expert private process service so that all the proper service measures are observed and documented. We are also consistently available for testifying in court should the subject of the subpoena fail to show. "Anyone" else may not be available or able to do so. If you still have doubts, please ask yourself why Attorneys typically hire private process servers instead of saving the money and having a non-party serve them.
Q6. I hired someone else to serve documents for me, but I feel like I have been a victim of a con-artist now.
A6. As many disclaimers from the Courts state, beware of this situation. My team of process servers are all verifiably certified. We are legally authorized to serve legal process anywhere within the boundaries of the State of Arizona. We can give you our certification numbers upfront for you to confirm with Maricopa County and State, if you wish. (Verify with the state first by checking other process server's full name and county on the "County and State" link to the left). As this list is sometimes not updated often enough (to add new servers or remove old/expired servers), it may be best to call. Unfortunately, some process servers are new or inexperienced and do not know exactly what they are doing. Obviously you need to beware of them as well. We have been in business for the better part of a decade now. We are upfront with our prices and terms. We do not call ourselves the "$5 (five dollar) valley wide process service", only for you to call us and then find out that we charge "$100-$300+" and are not "valley wide". (Even though that is a direct violation of state ethics codes, there are process service companies out there currently utilizing similarly ugly bait-and-switch tactics). We have called a number of our competitors and have been quite frankly shocked and appalled at some of the things that they have said.
Q7. I am really mad at the other process server/company described in Q6. How do I get back at them?
A7. If you have attempted to resolve the situation with them amicably and you have not come to an agreeable resolution, contact me (john at serve4you.com) and I will tell you where to file a formal (written) complaint with a governmental agency. I have heard from numerous people mad at other company's process servers that just vent and then forget about the matter altogether. That helps absolutely nobody. Formalizing a written complaint will many times require the process server to go in front of a Superior Court judge and the judge may order them into classes or assess other ways of having their offending behavior corrected.
BETTER YET, just hire a company that gets the job done right in the first place... Call us today...
*Price matching - If you find another process service agency with similar experience and ratings as mine with a better price in Mesa, Gilbert, Chandler, Scottsdale or Tempe, and you have verified that they are legitimate via my methods described above, please call me before agreeing to work with them. I will do my best to beat their price and service. Thank you for your time and consideration...
John
These questions were not answered by an Arizona licensed Attorney and should not be considered "legal advice".
©2009 Hasty Process Service. All Rights Reserved.
Q1. Can't I just take my small claims summons & complaint and mail it to the Defendant via USPS certified/return receipt requested?
A1. In a short answer, yes. HOWEVER, please consider the following first:
99.9% of small claims Plaintiffs want their money back from the Defendants immediately. They've already waited and waited and then filed with the Court and are dreading having to wait even longer. Besides, the Defendant may dispose of all his/her assets while all of this waiting is taking place. It also usually costs over $5 for postage and etc. All the Defendant has to do is ignore your certified letter (or perhaps sign for it and try to claim the contents did not include the legal documents) and you've lost additional weeks of time and money. You will still have to hire a private process server at that point. Call us and have it served TODAY.
Q2. Can't I just have local law enforcement serve my injunction against harassment/protective order/("restraining order") for free?
A2. From our experience, some law enforcement agencies will not serve those documents at all. If they do, it typically is not free and/or takes quite a while for it to get served (if ever). Call us today and have it served properly and right away.
Q3. How long do I have to get the documents served?
A3. It depends on the court and type of case. For example, many cases must be served within 120-365 days of being filed. Otherwise they may risk being dismissed due to "failure to prosecute".
Q4. I found a company that promised to get the documents served. What do you think about that?
A4. It sounds like they really want your business, at any cost. We would really love to have your business as well, but we refuse to lie to you in order to obtain it. Nobody can honestly PROMISE that they will serve your documents. For example, if the Defendant is dead or otherwise legally incapacitated, they will not be able to personally serve the documents upon that person. Depending upon the court, there are usually other methods of service available. We have a very high rate of successful service. However, in the unlikely event that we are unsuccessful, we document the date, time and number of attempts on our affidavits so that the Plaintiff can return to the Court in search of other methods of service that are only available after first having attempted service via a private process service.
Q5. Can't I just have anyone that is 18 years old or older and not a party to a case serve a subpoena?
A5. I would personally recommend utilizing the services of an expert private process service so that all the proper service measures are observed and documented. We are also consistently available for testifying in court should the subject of the subpoena fail to show. "Anyone" else may not be available or able to do so. If you still have doubts, please ask yourself why Attorneys typically hire private process servers instead of saving the money and having a non-party serve them.
Q6. I hired someone else to serve documents for me, but I feel like I have been a victim of a con-artist now.
A6. As many disclaimers from the Courts state, beware of this situation. My team of process servers are all verifiably certified. We are legally authorized to serve legal process anywhere within the boundaries of the State of Arizona. We can give you our certification numbers upfront for you to confirm with Maricopa County and State, if you wish. (Verify with the state first by checking other process server's full name and county on the "County and State" link to the left). As this list is sometimes not updated often enough (to add new servers or remove old/expired servers), it may be best to call. Unfortunately, some process servers are new or inexperienced and do not know exactly what they are doing. Obviously you need to beware of them as well. We have been in business for the better part of a decade now. We are upfront with our prices and terms. We do not call ourselves the "$5 (five dollar) valley wide process service", only for you to call us and then find out that we charge "$100-$300+" and are not "valley wide". (Even though that is a direct violation of state ethics codes, there are process service companies out there currently utilizing similarly ugly bait-and-switch tactics). We have called a number of our competitors and have been quite frankly shocked and appalled at some of the things that they have said.
Q7. I am really mad at the other process server/company described in Q6. How do I get back at them?
A7. If you have attempted to resolve the situation with them amicably and you have not come to an agreeable resolution, contact me (john at serve4you.com) and I will tell you where to file a formal (written) complaint with a governmental agency. I have heard from numerous people mad at other company's process servers that just vent and then forget about the matter altogether. That helps absolutely nobody. Formalizing a written complaint will many times require the process server to go in front of a Superior Court judge and the judge may order them into classes or assess other ways of having their offending behavior corrected.
BETTER YET, just hire a company that gets the job done right in the first place... Call us today...
*Price matching - If you find another process service agency with similar experience and ratings as mine with a better price in Mesa, Gilbert, Chandler, Scottsdale or Tempe, and you have verified that they are legitimate via my methods described above, please call me before agreeing to work with them. I will do my best to beat their price and service. Thank you for your time and consideration...
John
These questions were not answered by an Arizona licensed Attorney and should not be considered "legal advice".
©2009 Hasty Process Service. All Rights Reserved.
Subscribe to:
Posts (Atom)
Posts
