FAQ’S PAGE
Some short answers to FAQ's we get. Please don't take the answer as legal advice.
· Can a Process Server make service while the defendant is behind a closed door or refuses to take the papers? Answer: Most likely, YES.
· Can a Process Server make service on an Indian reservation? Answer: If the person to be served is not a protected tribal member, most likely, YES.
· What should I do when the Process Server is unable to make service but the address is good? Answer: Discuss service under Alternative Means of Service with your process server.
· Do the papers have to touch the person to be served? Answer: NO. Unwanted touching of another person may be considered assault under Arizona law.
· Can Process Servers in Arizona serve Protective Orders? Answer: YES. Process servers may serve an Injunction Against Harassment, an Order of Protection, and an Injunction Against Workplace Harassment and all other types of legal papers.
· Do Process Servers charge fees for serving an OP or IAH? Answer: If the Injunction Against Harassment is issued because of sexual violence [see ARS §23-371 and ARS §12-1809(D)] the answer is NO. Process servers may NOT charge a fee to serve an Order of Protection, ever. [ARS §13-3602(D)]
· I have papers I need to serve to a defendant out of state. What should I do? Answer: Many APSA members have contacts in other states to get your papers served. Please contact your member process server.