 |
Dals Instant Notification Service
Login & Submit Request Online. DALS will notify you the request status at every
stage until the entity has been served. Read More... |
 |
|
Process of Service - Some Frequently Asked Questions:
In our experience, new clients regularly have some common questions. We thought
listing some of them here would help you understand the Process of Service before
you pick up the phone to call us.
- What is Service of Process?
United States legal procedure requires that each party in a case should be notified
if actions are taken against them in a court of law. Process serving is an important
aspect of the Due Process of Law.
Cases that are filed in Arizona Court System are served by Arizona Rules of Civil
Procedure. Cases that are filed in other States must be served in accordance with
that States Rules. Direct Access is familiar with the rules of other States and
can handle these services for you.
People are notified of actions against them or court procedures involving them through
the delivery of legal documents such as summons, complaints, subpoenas, order to
show cause, and writs.
Click Here to learn more about
Service of Process
» Back to top
- Who can serve papers?
Arizona Rules require that ALL Service of Process be performed by a Licenced Office
of the Superior Court or a Sheriff Deputy. Licenced Officers of the Superior Court
are also known as Private Process Servers.
Click Here to learn more about
Serving Papers
» Back to top
- What does a Private Process Server Do?
A private process server delivers (serves) these documents to the defendant or individual
listed on the legal document being served. Once the documents are delivered, an
Affidavit of Service, also called a Proof of Service, is prepared and given to the
party who requested the service.
» Back to top
- What is DINS?
DINS is a proprietary custom designed web-based application that provides instant
notification to the users once a service request is submitted online. The user is
notified of the status of the service process and the notification will continue
until the entity is served. Click Here to Read More...
» Back to top
- How much does it cost to get papers served?
On average, the cost of a routine service can range anywhere from $50 – $100. Prices
can be lower in some states and higher in others. As the serve becomes more difficult
or costly for the process server, you can expect to pay more. You may incur additional
mileage fees or skip tracing fees if you need the person located. Additionally,
if you have a rush serve or you need papers served the next day or on a holiday
you can expect to pay more.
» Back to top
- Can I provide the papers for
service to you by fax, mail or e-mail?
We can serve copies of the documents as long as they have been issued by the court.
» Back to top
- How long does it take to get papers served?
We work attempt all our papers within 24 hours from receipt
with few exceptions. We serve the majority of our papers within 1-3 days. All our
papers are just a important as another. However there are times when a paper must
precident over another. These papers require special handling due to short time
frame to serve, special times and locations, unusual circumstances etc. These papers
usually incure additional fees. If your paper requires special handling we will
advise you on the best method and manner in which to serve your paper at the least
cost to you.
» Back to top
- Where can defendants be served?
Arizona has no restrictions on when service can be attempted. Basically we can serve
your document Anytime and Anywhere EXCEPT on Indian Reservations.
Some states do have Time & Day restrictions and we serve your documents according
to those rules so its served properly.
» Back to top
- What if the person cannot be found or
is evasive?
When someone is evading service or normal service methods are impractical, an
Order Requesting Alternating Method of Service can be filed with
the Court. The judge will then stipulate the manner in which service can be executed
to the satisfaction of the Court.
Also many documents can be served by Substitute Service which allows for leaving
the documents with an individual of suitable descreetion at the person's residence.
» Back to top
- Will a process server file my papers
with the court?
We file the Process of Service with the Court as part of our Service. We can not
file the intial pleadings with the Court, this must be done by the individual personally.
This is due to the Courts payment requirements.
We can file prepared documents for Attorneys & law Firms.
» Back to top
- What if the person does not accept
the papers?
They do not have to accept service in order for it to be considered effective. If
the defendant comes to the door but refuses the papers, the process server may just
have to leave them at their feet and walk away.
» Back to top
- Do I need a process server?
The answer is yes. You must use a Licensed Process Server in Arizona for service
to be valid.
Hiring a Legal Process Server is an important step in proceeding with a court case.
Process servers have the skills and experience to serve your legal documents in
timely and affordable manner and, more importantly, serve them in accordance with
the local and state process serving laws.
There are several requirements and constraints associated with the rules of service
of process. It is also very important to note that papers cannot be served by someone
who is involved in the case or legal proceeding.
If a serve is not done in accordance with these rules, this can hinder your case
from going forward or result in the dismissal of your case. Improper Service also
delays obtainment of evidence, which can cause injunctions, court fees, and attorney’s
fees.
If you are serious about your case, you want the papers to be served properly. Paying
a professional process server a nominal fee can save your case.
» Back to top
- Does a process server need to
be licensed?
Not all states require a process server to be licensed. However, some states require
that process servers be registered in their county or state, or appointed to serve
in a specific county. The below states require a process serving license.
- Alaska
- Arizona
- California
- Illinois
- Montana
- Nevada
- Oklahoma
- Texas
» Back to top
- What is an Affidavit of Service,
Proof of Service and Certificate of Service?
An Affidavit of Service or a Certificate of Service also called a Proof of Service,
is a signed document provided to you by your process server upon completion of serving
your documents. Proof of Service states when, where, and who was served. There are
a number of other affidavits that can be provided to you as a client. For instance,
an Affidavit of Or Certificate of Due Diligence may be provided if the person can
not be served.
» Back to top
|
|
|
|