The times in which a process server is allowed to serve legal papers vary from state/county. In general, process servers serve legal papers from 6 am-10:30 pm. However, there are special circumstances in which process servers can serve outside of these times .
It may be tempting for a process server to leave the papers with anyone who might answer the door , especially in cases in which a party is avoiding service. The process server cannot leave the papers with anyone who is under the age of 18 years.
Service of Process in Arizona can be carried out 7 days a week, 24 hours a day. Some states regulate certain times of day, i.e. not after 10pm or not on a Sunday, but in Arizona process service is non stop!
Although the statute does not restrict a process server from entering a backyard , entry could violate the a legitimate expectation of privacy of the person who has a right to occupy the property.
If you have not been properly served , and you don’t show up, the court has no personal jurisdiction over you , and can ‘t enter a judgment against you . The case can be continued to another court date, and the other side can try again to serve you .
If you’re being served papers, you do not have to answer the door legally. You can call the police if the process server is trespassing and this is not legal in your state. You should know that even if you do not open the door , this does not mean you can hide from or evade the lawsuit.
If the papers are not served in the correct way at the correct time, the court cannot go forward with the case. A person is served when they officially receive the papers . Papers which start an action (Summons, Petition, Request for Order, etc.) must be filed first and then served on the other person(s).
The process server can also leave documents at the residence of the person being served. It cannot be simply left at the door; it must be received by an adult in the house. Ideally, the adult is someone related to the person being served who also lives at the residence.
A process server can serve you during at work during work hours, at your home during dinner, at the airport in the middle of the night or even at your child’s baseball game except on Sundays of course. There is really no rule prohibiting them from a place or time except Sundays.
Rule 4.2(c) states: “the party may serve the person by mailing the summons and a copy of the pleading being served to the person at that address by any form of postage-prepaid mail that requires a signed and returned receipt.” Once the filing party receives the signed, return receipt, he or she must file an affidavit
“If a defendant is not served with process within 90 days after the complaint is filed, the court – on motion, or on its own after notice to the plaintiff – must dismiss the action without prejudice against that defendant or order that service be made within a specified time.
After a process server makes a couple attempts at dropping of the lawsuit at your house, if they can’t get a hold of you they can go back to the court and ask the judge to permit them to serve you by some other method.
Most process servers I have worked with do not call the person they intend to serve, in advance, unless instructed to do so. Nor do they typically ask for 2 forms of identification .
There are some that carry a weapon such as a gun . This however isn’t for everyone. Such ones who do carry guns practice at a shooting range and depending on each state has to pass a shooting test bi-annually when renewing a Special Process Server license.