My husband and I were out at a Christmas party and our 3 year old was home with a 16 year old baby sitter. Someone knocked on the door and the sitter tells me she looked through the peep hole but the person covered it with their hand so she walked away. She said the knocking got aggressive and the person was ringing the door bell alot so she went back and could see the person was standing to the side of the door and because she was alone she again didn't answer the door. She said the person then pushed a paper through the door screamed they were an officer of the court, you've been served and he hopes you get the book thrown at you. She called us and didn't touch the paper. We came home and found a photo radar ticket for my husband, which we never recieved in the mail and had no clue even existed before this date, shoved in our door. So through my research this is not being personally served correct? And if not now what? How do I know if the process server filed anything with the court saying otherwise? And how do I prove what happened?
Criminal Defense Attorney
Unfortunately, the Arizona Rules of Civil Procedure allow for this form of service. Rule 4.1(d) reads:
(d) Service of Summons Upon Individuals. Service upon an individual from whom a waiver has not been obtained and filed, other than those specified in paragraphs (e), (f) and (g) of this Rule 4.1, shall be effected by delivering a copy of the summons and of the pleading to that individual personally or by leaving copies thereof at that individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the pleading to an agent authorized by appointment or by law to receive service of process.
But there are certainly other issues involved. Who is the person driving? Is there a clear photograph?
Below is a link to a good article I found about this topic.
NONE OF THE INFORMATION PROVIDED HERE IS MEANT AS, NOR INTENDED AS LEGAL ADVICE. THE LAW IS CONSTANTLY CHANGING AND INFORMATION DISCUSSED IN THIS BLOG CAN BECOME OUT-DATED WITH THE PASSAGE OF TIME. IF YOU HAVE A LEGAL ISSUE AND NEED LEGAL ADVICE, CALL 623-936-1901 FOR A CONFIDENTIAL LEGAL CONSULTATION WITH AN ATTORNEY.
This is a State law issue. While Mr. Knost did provide a sound response to your question, you should promptly consult and attorney. Good luck to you. If you found this information to be helpful, would you kindly indicate so. Thank you.
No attorney/client relationship is formed between the attorney responding to this question and the individual asking the question.