Different Ways Of Court Serving Papers AZ
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Once legal action is taken through a small claims court whether against an individual or an organization, the state requires that you file a petition with the courts. The accused or the respondent is the party on the opposing side of the claims and must be told of the case before it can move ahead. The action of informing the opposing side of the case is also known as serving papers. This article gives a guide on Court serving papers AZ.
The person who accuses has no authority to serve the papers. They must get assistance from a third party. The person should be of the right age and should not have any opinion towards the case. You can select a relative or a close associate to do the work for you. They must however be given a go ahead by the courts. You can also hire a professional to do this and you can get the name of the personnel from their file directory.
You should know the people you are serving. In case you are serving an individual, you should concentrate on that one individual. If it is a group of individuals ensure you serve each of them well. For example, when it is a business partnership, both parties should be served individually.
The papers should be served on time. The time for this varies in different states. However, it is advisable to do it eight days before the day you will be in courts. You should confirm with your representative and the courts too as such things may differ. Except on Sunday, the paper can be served any other day.
You will need to locate the respondent. The courts gives plenty of time from the petition date to the courts date to do this. In the event that you are not able to locate the individual, ensure that you give the judge a detailed list of number of ways that you have attempted to do it in detail including the dates and places you went to. In proving that you have done all you could, the judge could set another date and give you a chance to do it in a different way for instance via mail.
When serving the person, you should give the documents and some of them will be made available by the courts. The information may include the dates that they should present their selves to courts. It is also mandatory to serve the respondent with temporary order. You should not include the proof of service form with other documents when giving them to the respondent.
The final step is obtaining and filling a proof of service. This is used as a proof that you have performed your legal duty by correctly serving the paper. Ensure this is submitted in courts before the day of hearing the case. This form has the following details, the location and the date when the papers were served and the name and address of the individual whose papers were served. Five days to the courts date, the original should be completed and submitted to the judge.
When you follow the above rules, you will have done your legal duty. You will have served the respondent with the paper using the correct channel and in a right way.
The person who accuses has no authority to serve the papers. They must get assistance from a third party. The person should be of the right age and should not have any opinion towards the case. You can select a relative or a close associate to do the work for you. They must however be given a go ahead by the courts. You can also hire a professional to do this and you can get the name of the personnel from their file directory.
You should know the people you are serving. In case you are serving an individual, you should concentrate on that one individual. If it is a group of individuals ensure you serve each of them well. For example, when it is a business partnership, both parties should be served individually.
The papers should be served on time. The time for this varies in different states. However, it is advisable to do it eight days before the day you will be in courts. You should confirm with your representative and the courts too as such things may differ. Except on Sunday, the paper can be served any other day.
You will need to locate the respondent. The courts gives plenty of time from the petition date to the courts date to do this. In the event that you are not able to locate the individual, ensure that you give the judge a detailed list of number of ways that you have attempted to do it in detail including the dates and places you went to. In proving that you have done all you could, the judge could set another date and give you a chance to do it in a different way for instance via mail.
When serving the person, you should give the documents and some of them will be made available by the courts. The information may include the dates that they should present their selves to courts. It is also mandatory to serve the respondent with temporary order. You should not include the proof of service form with other documents when giving them to the respondent.
The final step is obtaining and filling a proof of service. This is used as a proof that you have performed your legal duty by correctly serving the paper. Ensure this is submitted in courts before the day of hearing the case. This form has the following details, the location and the date when the papers were served and the name and address of the individual whose papers were served. Five days to the courts date, the original should be completed and submitted to the judge.
When you follow the above rules, you will have done your legal duty. You will have served the respondent with the paper using the correct channel and in a right way.
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